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

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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 4 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 4 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.


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