Legal Question in Personal Injury in California

accident: i have insurance, they don't...but I'm being sued by them?!
I was in an accident with someone who was driving his girlfriend's car. The traffic was stopped at a light where I proceeded into the lane as the people stopped were letting me in. I proceeded into the first, then second, trying to get into the third. He wasn't there when I proceeded into my final lane. Witnesses say he was swerving in and out of traffic going 65-70 in a 45 zone. He hit the front left side of my vehicle (by my door), then the curb, and flipped over. He was not on her insurance, nor was the car registered in his name. The insurance company determined somehow that it was my fault, so he was awarded $25,000. Now, he is suing me for his supposed injuries, although he said to the ambulance attendees, at the scene of the accident, that he was fine. And nothing was recorded in the police reports of any injuries. Can someone who was driving without insurance and driving someone elses vehicle sue me for his injuries when he hit me?

Asked on 11/02/05, 2:07 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: accident: i have insurance, they don't...but I'm being sued by them?!

Lack of insurance will not prevent the other driver from suing, though it will prevent him from being awarded damages for pain and suffering.

The fact that the driver was using someone else's car has nothing to do with whether he can sue or with the merits of his case since the same thing presumably would have happened even if he had been driving his own car.

Finally, the fact that he hit you does not bar a lawsuit either. It is quite common for the driver who is at fault to be the one who is hit and not the one who hit him.

You can argue in your defense that he was the one at fault and you might win on that basis, but there is no reason the other driver should be barred from suing you.

Answered on 11/03/05, 7:22 pm

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Robert F. Cohen Law Office of Robert F. Cohen

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Re: accident: i have insurance, they don't...but I'm being sued by them?!

If you had damage to your car or were injured, you can counter-sue him and the person who owned the car he was driving for your property damage, medical bills and pain and suffering. I suggest that you tender the lawsuit to your insurance company. They will -not- file a counterclaim on your behalf, unless they paid to repair your car and/or your medical bills.

Answered on 11/03/05, 7:31 pm

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