If I do not go to court against the at-fault driver and her ticket gets dismissed, can her insurance then sue me to repay the cost of my car’s damages

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 17, 2012

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Insurance Question from Cutler Bay, FL

Asked on 04/17/2012

If I do not go to court against the at-fault driver and her ticket gets dismissed, can her insurance then sue me to repay the cost of my car’s damages I was rear-ended and the other driver was ticketed. The officer told me I didn't have to go to court, and the ticket would be dismissed. I felt bad for the other because she is a teacher and I know they don't make a lot of money. I was then informed that if the ticket gets dismissed that her insurance could say she was not actually at-fault. Is this true?

Answer given on April 18, 2012

In an auto accident, the fact that there was a ticket issued does not confirm or deny that the party was at fault. Since you were rearended it is unlikely the other person’s insurance company will deny liability. They should be willing to settle the claim for you.Police reports involving insurance accidents also do not determine the fault of the drivers involved. The insurance companies do an investigation, including taking statements from both drivers and determine fault in that way.You should contact the other driver’s insurance company and file a claim with them. Proceed as you would whether or not she got a ticket. Her insurance ocmpany may not know about a ticket or not, and again, dismissal of the ticket does not free her from liability.If the other insurance company stalls you, you can go to your insurance company and ask them to repair your car, less the deductible. they will then subrogate against the other insurance company for the damages and if successful, you will get your deductible reimbursed. However, it is easier for you to go to the other insurance company because you won’t have to pay your deductible.

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