I got in a very minor accident back in january. now the lady i "hit" is trying to sue me? please help...?
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I got in a very minor accident back in january. now the lady i "hit" is trying to sue me? please help...?
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in january i rear ended a lady after coming to a stop behind her as she was making a left turn. she started to make her turn so i started to go as well she then slammed on her brakes... for no apparent reason. and i hit her going like 5 mph, only enough to scratch the paint not even leave a dent on either car. the officer who arrived even told me he didn't believe it was my fault and that he wasn't going to give me a ticket for it. also he asked her if she was injured and she definitely said no. in fact she was out of her car and walking around before i was! yesterday in the mail i got a letter saying that she is wanting to sue me? should i be worried? why wouldn't my insurance have dealt with this already, and what is the next step i should take?
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Spike
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Common place is for the insurance company to settle out of court to avoid court costs. This is no doubt what this broad is counting on.
You received no ticket, therefore no blame has been established on your part, which is rather a hinderance to any opportunist wishing to sue you.
Call the insurance company and see what they're up to.
I'm not sure if trying to find the policeman would help you, because at this point, there is no physical evidence that an accident even occurred...only your and her testimony. You could write back to her lawyer (I assume she went through one) inquiring, "What accident? What are you talking about? You must have the wrong person/address".
Your insurance company might direct you to a lawyer.
Best case scenario - it goes to court, and she gets stuck with fees for wasting the court's time.
Per Laughter's input, if your car shows no "soft tissue damage" and her car showed no damage, her body will have no damage, either. And re: "The cops opinion regarding fault is of no legal significance", the fact that you received no ticket makes the cop's input (or lack thereof) legally significant. |
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JC
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You need to contact your insurance company and they need to deal with it. It all depends what she is suing you for. If its to repair any damage (even just a scratch in the paint), thats one thing. But if she is claiming injuries, contact the officer and get a report from him. She will have to show injury with medical records. Her word isnt gonna do it. |
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sgoldperson
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Insurance wouldn't deal with it as she has no claim. They likely denied her attempt if she made one. Just let it go to Court if you have to. You probably should try to get a lawyer, so it can get thrown out from the start. Have the police report and see if you can get the cop as a witness. |
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red
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Your insurance company is the one to handle this. Call them and notify them; they have a LOT of lawyers to handle this for you. |
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Sweetharttt
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Call your insurance company and advise them of the current events. YOU rear ended her. You are at fault in this accident. It is up to your insurance company to take care of the situation. |
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laughter_every_day
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Your insurer wouldn't deal with it first if she never contacted the insurer or if she did but they did not reach a deal. If you have liability insurance, this is what it is for. Notify your insurer and they will assume your defense and pay any judgment. You should know, however, that many soft-tissue injuries do not show up for a few days and that getting hit at 5 mph is indeed capable of causing severe injuries. The cops opinion regarding fault is of no legal significance. The cop is not on the jury. |
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