Legal Question in Personal Injury in Illinois
Hi,
I got into a car accident two years ago and today I found out that the person that I crashed into is suing me for injury. It has been two years and I had forgotten about the accident. I think this is unconstitutional because the fifth amendment prohibits double jeopardy. I was proven guilty in court and I was not charged for anything. She is suing me again even though I was innocent. Is this true and can she sue me.
Thank You
3 Answers from Attorneys
As a lawyer you should know that there is no double jeopardy between a criminal case and a civil case... just ask OJ.
The fact that you are being sued shows you that you can be sued for an accident that happened two years ago since, as you know, the statute of limitation is in fact two years.
You may have been innocent, but you may still be liable to pay for damages if you don't take this seriously and notify your insurance, if you had any at the time of the accident, so that they may provide you with a defense, If you did not have insurance, you better hire an attorney to defend you if you don't want to have a default judgment entered against you...
If you don't want to hire an attorney, good luck defending this yourself.
Of course she can sue you, and it's normal. Assuming you had insurance at the time and reported the accident to your insurer give them the papers so they can defend you.
(And people don't forget accidents).
If you had automobile insurance at the time of the collision they should defend you.
Call your insurance Co.
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