If I was transported to the hospital but I was written up as failure to yield can I still sue for compensation from the other driver

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If I was transported to the hospital but I was written up as failure to yield can I still sue for compensation from the other driver

Can I sue for compensation from the
other driver’s insurance if I was
written up in the wrong but not charged

Asked on June 14, 2016 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, you can file a lawsuit--anyone can always file a lawsuit: but unless you can prove both that the other driver was at fault and that you were not also driving carelessly at the time, you won't win the case. You can only get compensation when the other driver, not you, caused the accident by driving negligently (carelessly). Even if you were not charged, if you were "written up as failure to yield," it is most likely that a court would find you, not the other driver, to be at fault; therefore, it is not likely that you would win any money if you sue the other driver (you sue the driver, not the insurer)--and, in fact, if you did fail to yield, if they sue you, there's a good chance they'd get  money from you or your insurer.


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