Cracked Windshield

UPDATED: Jun 14, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 14, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Cracked Windshield

A lady was driving down my street and slammed on her brakes in front of my home. My dog was on my property (I have witnesses to say the same) but the lady’s claiming my dog ran in the street. As a result of her slamming on the brakes, her windshield cracked due to the force of her dogs head hitting it. She is currently taking me to small claims court and sueing me for $500. When I called the cops, they wrote up a report and said they were doing so in order for her to make her insurance claim. Am I liable?? See claims she was going under the speed limit.

Asked on June 14, 2009 under Insurance Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Whether you are legally liable depends on whether you--or something under your control or which you are responsible for, like your dog--caused the accident. Assuming that your dog did not run into the street and you can prove it (you have your witnesses), then it sounds like there are no facts that would establish liability.

However, if she does or has filed a claim against you in small claims court,  don't ignore it! If you fail to answer her claim or show up for court, you will lose by default (it's like one team forfeiting a game by not showing up to play) and you'll have to pay. Call the Clerk of your local court to find out the rules for defending yourself in small claims court--what kind of evidence or witnesses you can bring--and again, make sure you show up for court.

A $500 claim is probably not worth getting an attorney for; small claims is usually defended by the person him/herself.

Also find out from the court what kind of information you can demand from the woman suing you and how you can get it. If she had bad eyesight or some other medical condition that made driving difficult, or has a history of accidents or filing claims, you will be in a better place to show that her claim is false. Finally, check with your state's motor vehicle dept. and find out what sort of info, and how to get it, you can get about someone suing you over a motor vehicle accident. It would be good to know if her license was suspended, for example.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption