Legal Question in Personal Injury in Maryland

I was in an accident last Feb. or March of last year. I was driving on 695 and the car in front of me slammed on his brakes for no reason as a result I hit the back of his car. When the police showed up on the seen they questioned the other party about why they stopped the car and they did not have a good reason. I was not given any tickets for this accident and my insurance company also did not find me in fault for this accident. I just found out that the other party is trying to sue me for this accident. I have not been served yet and I wanted to know if they do not serve me before they year has passed will the case be thrown out because of it being over the statue of limitations? I also wanted to know with this evidence do you think that I could win this case? I just find it hard to believe that someone can sue me when the law and insurance companies both did not find me in fault!!!

Asked on 3/09/10, 6:41 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

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The other party has 3 years from the date of the accident to sue you. If you do get suit papers, immediately contact your claims adjuster and arrange to send them the suit papers. Your insurance company will defend you and pay any judgments awarded against you, up to the coverage limit of your policy.

Whether or not you will win depends on the evidence presented in court. Most of the time, in this type of accident the striking party is at fault. It seems unusual that someone would slam on their brakes on a high speed roadway for no reason, but apparently the police felt there was enough conflicting evidence not to ticket you. However, neither the investigating officer's nor your insurance company's determination as to whether you were at fault will have any bearing on a suit outcome. As a practicing personal injury attorney, I've won many cases where the insurance company for the defendant refused to settle.

Answered on 3/15/10, 6:58 am

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