Can I sue the person I ran over if I was not at fault for the accident?

UPDATED: Oct 1, 2022

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Can I sue the person I ran over if I was not at fault for the accident?

I was involved in a traffic event which resulted in my running a lady over. She was injured and my car was damaged. The police report confirms that no driving offense was committed and I was not at fault. I have received quotes in the region of $10,000 to repair my car. What legal rights do I have to pursue the lady I hit? I’ve suffered/suffering substantial financial losses and the whole event has effected me. I have not driven since and the even has knocked my confidence drastically.

Asked on March 22, 2018 under Accident Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can try to sue her if you believe that she was at fault: that is, that she negligently (unreasonable carelessly) ran or jumped out in front of your car. You'd have to prove her fault--and your lack of fault--to recover compensation. Bear in mind that the police report does NOT "confirm" your lack of fault: the police report is not a court determination or finding--it's just the opinion of the officer(s) who investigated the accident. It is evidence of fault, and can be persuasive or effective evidence--but it does not settle the matter, and a court, in a civil lawsuit, could find against it and you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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