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  1. #1
    Join Date
    Nov 2010

    Unhappy What to Do After Being Sued for Personal Injury in Car Accident

    My question involves an injury that occurred in the state of: Maryland

    Hello and thanks for any help beforehand.

    I was involved in a car accident several months ago. It was in a construction zone where lanes shifted from left to right a few times. I know the route well as it is part of my way home from work. During one of the lane shifts, a woman sped from behind me and sideswiped me knocking off my mirror and leaving minor dents and scratches on the side of my vehicle. There was barely any damage to her vehicle aside from some scratching and maybe a minor dent.

    A police officer came and told us that the insurance companies would be unable to determine fault and to just exchange insurance information.

    Now, a couple weeks ago, I received a letter informing me that I am being sued for $40,000 for the accident due to medical expenses, damages, lost wages, mental and physical suffering, etc.

    I forwarded the information to my insurance company. Now I hear back from them telling me that the police report is indicating that the accident was my fault for not following traffic patterns. My insurance company is also telling me that since the accident was my fault, it will most likely be going to court. Also they told me that since it is a civil case, I may end up paying out of pocket.

    My questions are:

    1. Why would the police report indicate something that the officer certainly did not tell me at the scene of the accident?

    2. Since this is a civil case and she seems to be suing me directly, not my insurance company, what does this mean for me? Will the money come out of my pocket? If so, I only have about $300 in checking, no savings, no house, no credit and I own a beat up old car that cost me about $6000 when I bought it years ago. I have no way to afford any sort of payment. What would happen?

    3. How likely is this case to settle out of court?

  2. #2
    Join Date
    Jan 2010
    New Jersey

    Default Re: Being Sued for Personal Injury in Car Accident, Please Advise Me

    Was there a police report or not? You say that the officer told you guys to exchange insurance information and then you state that your insurance company says that when they read the police report they determine to find you at fault.

    Let's go back to the accident, what lane were you in and what lane was the other party in?

    You have damage to what side of your car?

    Where is the damage to the other party's car?

    If you have zero assets then I would expect that the other party would settle with your insurance company for what your insured for.

  3. #3
    Join Date
    Nov 2010

    Default Re: Being Sued for Personal Injury in Car Accident, Please Advise Me

    Yes, agree with Who'sThatGuy. Were you in your own lane ? Were she in her own lane during the collision?

    I was at fault in 1 of my accidents before and I never need to go to court or pay out of my pocket (beside my deductible). How much is your coverage per person and per accident? I just let my insurance to fight for it for me. I believe most cases are civil cases. This is what my insurance policy is for. But I don't know what policy you got. $6K is nothing to them. Lawyer always try to get as much as possible so they can get more commission. It is hard to sure the city for their lane change due to construction, they usually have some signs there to direct traffic (yeah, some signs may be hard to see and confusing)....

  4. #4
    Join Date
    Nov 2010

    Default Re: Being Sued for Personal Injury in Car Accident, Please Advise Me

    My case was settled out of court for an amount much smaller than the $40,000. Thanks for the answers!

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