What to do if I was in an accident and the other driver was at fault but I just received papers stating that she is suing me in small claims court for medical expenses?

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What to do if I was in an accident and the other driver was at fault but I just received papers stating that she is suing me in small claims court for medical expenses?

Does she have a case considering she caused the accident? Besides getting a copy of the relevant paperwork from my insurance company’s claim adjuster, anything else I can do to defend myself?

Asked on July 1, 2013 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The other driver does NOT have any case since she was at fault in the accident.  You are NOT liable fo her medical bills.  Present the police report in Small Claims Court showing that the other driver was at fault, and the court should rule in your favor.  Whether or not there was a  police report, present documents from your insurance company stating that the other driver was at fault.  If you have filed a property damage claim or personal injury claim with the at-fault driver's insurance carrier, evidence of their acceptance of liability (documents, paying for your property damage, paying for your rental car, compensation for your personal injury, wage loss ,etc.) will provide evidence that the other driver was at fault and you are not liable for her medical expenses.


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