What to do if I was in a car accident 3 years ago which resulted in the other vehicle’s driver getting a traffic citation although I hit her in the side and I’m now being sued?

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What to do if I was in a car accident 3 years ago which resulted in the other vehicle’s driver getting a traffic citation although I hit her in the side and I’m now being sued?

She swerved in front of me. Today I was notified that I was being sued by her because of bodily harm, her not being able to work and many other things that she claims are being caused because of the accident. It says she hasn’t worked since then but a quick google search showed she is self-employed and has been working since the accident. What are some options I have? To be honest this seems so far fetched because of the light accident and the timing of this lawsuit.

Asked on August 29, 2015 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, if you had liability insurance at the time, you should refer this to your insurer this is what you paid premiums for, to be protected from claims for injuries or car damage arising from car accidents, and it is their contractual obligation since that is what an insurance policy is a contract to protect you from claims like this.
That said, as a general matter, to successfully sue you, she would need to show in court--i.e. prove, by credible evidence and testimony--that
1 You were at fault in causing the accident, since someone is only liable for an accident if they were at fault e.g. driving carelessly. If she swerved in front of you, then it may bet that she, not you, is liable, and you could potentially sue or countersue her for any car damage you suffered.
2 That the accident caused injuries to her--and she can't simply claim this she needs to be prove both the existence of the injuries and that they resulted from the accident with the aid of credible medical evidence e.g. a doctor's testimony and reports.
3 Even if she can show 1 and 2, she can only recover an amount of money provably linked to the injuries so to recover for, for example, not being able to work, she'd need to prove that she cannot work due to the injuries--and you could defend yourself by providing evidence that she has been working, as you describe.


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