What are the odds i will win my automobile case?

UPDATED: Sep 30, 2022

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What are the odds i will win my automobile case?

I am a resident of new york state, and in the July of 2015 I apparently ran a stop sign
and T- boned the passenger side of a car. The stop sign was completely covered by an
overgrown tree and it could not be seen. The passenger was taken to the hospital and the
driver was fine. I was not cited by the police officer at the scene because the stop sign
was not visible. The next week I was also involved in an accident at the same intersection
when another car ran that same stop sign, and t boned another car that spun into me. The
accidents that occurred there are very common due to that wildly growing tree.

I received notice in September of 2015 that both the driver and passenger in the car that
I T boned were suing me. I have not had a job since February of 2014 and do not own a
house or a car. I have a 50,000 insurance policy. Within the past week, the passenger
settled with the insurance company and we thought it was going to be all over. New Link Destination
day I was
served with papers that I was being sued by the driver. The driver seemed fine at the
scene and was not taken away in an ambulance like the passenger was.

Am I going to lose? I can’t afford a lawyer so what is my best defense?
Is this going to ruin the rest of my life?

Asked on August 18, 2017 under Accident Law, New York


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

Answered 5 years ago | Contributor

Your auto insurance company at the time of the accident should provide you with an attorney at no cost to you.
Although it is not possible to predict the outcome of any case, you will probably lose because you were at fault in the accident even though you could claim as a defense that the stop sign was obscured by the tree.
This is NOT going to ruin the rest of your life.  If the opposing party obtains a court judgment against you, they won't be able to collect because you are unemployed and don't own a home. You can file Chapter 7 bankruptcy which will eliminate that debt.  It would be premature to file bankruptcy until there is a judgment against you because prior to that you wouldn't know the amount of the judgment.

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.

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