What can I do about settling a claim that I do not agree with?
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What can I do about settling a claim that I do not agree with?
I was in an auto accident. I got a video of it from a nearby gas station and the other person ran a red light trying to get in her right turn before it turned. I was
making a left into a gas station and she hit me. The discrepancies are she stated she was going straight when she had just turned. The police never asked me or my passenger what happened. I was cited for failing to yield but
fought it and it was dismissed. I didn’t have car insurance at the time and now her insurer is suing me for her damages caused by her running the red light. In the suit it claims negligence against me. I, in good conscience, cannot agree
to these claims and enter into a settlement. It’s not the money that’s the issue it’s the untruths and how it looks on me.
Asked on March 15, 2016 under Accident Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You "settle" a claim by some combination of negotiation and/or showing the other side that their case is so weak that they don't have a realistic chance of winning. If that doesn't work--if they won't listen to the facts you cite and arguments you make, and/or any documentation, etc. you share with them to bolster your case--but insist on getting money from you, then your option is to either pay or defend the case in court: remember, they can't force you to pay unless and until they sue you and win.
Possibly they won't sue--maybe, if the amount they are seeking is relative small, they will decide it is not worth the cost. If they do sue, you then need to decide if it's worth it to spend the time, effort, and emotional energy (not to mention money, if you hire a lawyer) to defend the case or if it's better to pay and go on with your life.
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