Legal Question in Personal Injury in California
Small Claims Lawsuit - No Fault Accident
I was involved in a three car accident. Basically, I driving on a highway, when another car swerved into my lane. I swerved to avoid that car and upon re-entering the highway was clipped by this car. This contact, turned my car around, I went sliding across a freeway backwards, and hit an individual waiting to exit the freeway. There were no injuries. The original car that caused the accident didn't stop, and there are no witnesses to corroborate the initial contact. I did take pictures of the damage as well as file a police report the next day. Since there were no injuries, the CHP would not come out to the scene. My insurer deemed I was not at fault, and payed for my damages. The 3rd party who I struck has no collision insurance. His company denied his claim on that basis, and my insurer denied the claim b/c I was not at fault. Now he is suing me for property damage in small claims court? I know this is legal, but does he have a leg to stand on? What can I do? Should I worry?
3 Answers from Attorneys
Re: Small Claims Lawsuit - No Fault Accident
You hit him - you are at fault as to him. Settle or face judgment are your options. Your insurance company is obligated to defend you, so turn it over to them when it happens.
Re: Small Claims Lawsuit - No Fault Accident
I may respectfully disagree with Mr. Nelson but can't be sure because your facts are not stated clearly enough. Is it the car that "clipped you" that is suing you? Is it the fourth car you mentioned that is suing you?
The whole case will boil down to this: Did your conduct create an unreasonable risk of harm for another driver and did that unreasonable risk of harm lead to the damage that was caused? More specifically (and based on the bare-bones version of the facts), when you re-entered the highway, were you careless in doing so? Would a reasonable person have stayed off the highway until it was safe to re-enter?
Call me at 949-548-1700. I'll be able to better advise you if I can speak to you for five minutes.
-Ben
Re: Small Claims Lawsuit - No Fault Accident
You carry automobile liability insurance to help you with problems like these. Advise your insurance company of the small claims court suit and ask them to provide an attorney to talk with to help you prepare any defense you may have to the suit. He cannot appear with you but can help you prepare. If you win, the other side cannot appeal. If you lose, notify your carrier and attorney immediately so that they may appeal if they think they should.
You should not worry if the insurance company helps you.
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