I was in a car accident back in dec 18 2014 and it was a company truck I hit a car no one was hurt no damage and no one got any tickets now the guy I hit is sueing me what can I do
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I was in a car accident back in dec 18 2014 and it was a company truck I hit a car no one was hurt no damage and no one got any tickets now the guy I hit is sueing me what can I do
Back in December 18 2014 I hit someone in the back nothing major nobody was hurt cops came nobody got any tickets I was driving a company truck gave the companies insurance information and now the guy is trying to sue me what can I do
Asked on March 8, 2017 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) You can be sued without any tickets being given.
2) The plaintiff or person you hit, can choose to sue you (as the at-fault driver: a driver is at-fault in causing an accident can always be sued), the company, or both--it's his choice.
3) He can sue for any amounts not paid by insurance--e.g. if the company had insurance but did not pay for some reason, he can sue for his injuries or losses. Or remember: company insurance protects the company, not you--if the insurer settled with him on the condition that he not sue *the company*, he can now sue you for any new damage or injuries (from that accident) he discovered which were not covered under (i.e. paid for) by the settlement.
4) As noted in passing above, IF he has discovered some injury or harm now which provably came from the accident, then even if he did not seem injured at the time or earlier, he can sue for it. He has to be able to prove that it came from that accident, and was neither a pre-existing condition, unrelated to the accident, or from a different accident or event; but if he can do that, since some injuries do take time to develop, he can sue.
As to what to do: if being sued in small claims court for a relatively small amount, either settle the case or defend yourself in court, as your own lawyer, since it would not be cost effective to pay for an attorney. If sued for more than that, hire a lawyer.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) You can be sued without any tickets being given.
2) The plaintiff or person you hit, can choose to sue you (as the at-fault driver: a driver is at-fault in causing an accident can always be sued), the company, or both--it's his choice.
3) He can sue for any amounts not paid by insurance--e.g. if the company had insurance but did not pay for some reason, he can sue for his injuries or losses. Or remember: company insurance protects the company, not you--if the insurer settled with him on the condition that he not sue *the company*, he can now sue you for any new damage or injuries (from that accident) he discovered which were not covered under (i.e. paid for) by the settlement.
4) As noted in passing above, IF he has discovered some injury or harm now which provably came from the accident, then even if he did not seem injured at the time or earlier, he can sue for it. He has to be able to prove that it came from that accident, and was neither a pre-existing condition, unrelated to the accident, or from a different accident or event; but if he can do that, since some injuries do take time to develop, he can sue.
As to what to do: if being sued in small claims court for a relatively small amount, either settle the case or defend yourself in court, as your own lawyer, since it would not be cost effective to pay for an attorney. If sued for more than that, hire a lawyer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.