If I was hit in the back (fish tailed) while making a left hand turn and neither parties were ticketed, can the driver of the car that hit me sue me for injuries?

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If I was hit in the back (fish tailed) while making a left hand turn and neither parties were ticketed, can the driver of the car that hit me sue me for injuries?

Can I sue the other driver for injuries and damages?

Asked on April 13, 2015 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The other driver won't prevail if he tries to sue you because he was at fault in the accident.

You can sue the other driver for negligence to recover compensation for your property damage (cost of repairs to your car) and compensation for your injury.

Prior to filing a lawsuit for negligence against the at-fault party/ registered owner of the vehicle, it may be possible to settle the case with the at-fault party's insurance carrier.  Property damage and personal injury are separate claims.  Property damage is usually resolved early in the case.

As for your personal injury claim, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and docuimentation of any wage loss.  Your personal injury claim filed with the at-fault party's insurance company should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party/registered owner.  If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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