If my son was passing a slower moving big rig on freeway when he was rear-ended by another vehicle, what are our options?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my son was passing a slower moving big rig on freeway when he was rear-ended by another vehicle, what are our options?
Almost no damage. All parties declined police report and stated no injuries. I got estimate that day for repair; under $500. A week later we are informed that the driver who rear-ended us is suing us for injuries. Her statement said that my son was merging and crashed into her. Damage photos don’t add up. We are having to fight it.
Asked on July 8, 2014 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you have relevant insurance (i.e. liability), report it to your insurer unless the amount you are being sued for is so little you'd rather pay it yourself. If you insurance, your insurer should step in, as per your policy, to defend you in court (and pay if you lose, up to policy limits) or settle the case.
If you don't have insurance, or your insurer will not defend you for some reason (in which case, you may have a lawsuit against the insurer, for breach of contract, if under the terms of your policy, they should defend you), or the amount you are being sued for exceeds your policy limits (since your insurer only needs to pay, settle, or defend up to the policy limits), you will have to either pay or settle the claim yourself (e.g. see if they'll take some lesser amount as payment in full) or defend yourself in court.
If you have to defend yourself in court, if the amount is less than $3,000, you may wish to act as your own attorney. If it's more than $3,000, you should retain a lawyer. If you are going to be pulled into court, you may countersue for any damages or costs you incurred, such as the $500 in car damage.
If you are sued, the other party will have to prove your son was at fault--driving carelessly--and also that his actions caused her injuries and the amount of her injuries. You will defend by trying to refute those claims: show that your son was not at fault; show that any injuries were not caused by the accident; and/or show that her injuries are exagerated and are not as bad as she is claiming.
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.