Legal Question in Personal Injury in California
Good Samaritan is sueing me for personal injury.
Can a good samaritan sue me for negligence in the following instance?
Last year I rolled my car and it landed on the driver's side on the side of highway 4. Luckily I was close to the hospital so the paramedics were there in 5 minutes. Before they got there, a lady stopped to see if Jackson (my son) and I were ok. After calming us down, she pulled Jackson out of the front seat, and then me. It was harder to get me out because I wasn in pain - I had cracked a few ribs and the steering wheel was in my way. I'm 120 lbs and my son is 80 lbs. I don't remember the lady at all, except I thought she had the nicest eyes and it was so nice for her to help us. That is all I remember of her because the paramedics came instantly.
Now, exactly a year later, she is sueing me for peronal injury- negligence on my part???????? She claims that because she helped us out of the car, she hurt her shoulder. I can understand sueing the insurance company if she isn't getting medical attention, but can she sue me personally? Seems really sad. Thanks for your help. --name removed--:)
2 Answers from Attorneys
Re: Good Samaritan is sueing me for personal injury.
California law prohibits suing your insurance company. Rather the injured person must sue you. Then your insurance company will, after receiving prompt notice of the law suit, will defend you.
Re: Good Samaritan is sueing me for personal injury.
it sounds like a bogus case. turn it over to your auto insurance company. they will cover it.