What is the potential liability for a car accident with minor damage and questionable personal injuries?

UPDATED: Sep 9, 2011

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What is the potential liability for a car accident with minor damage and questionable personal injuries?

A few weeks ago, I was driving with my family. At the light, in a distance no more than 3 feet, my car “hit” the other car but I am sure that the other driver was on reverse. He did not speak English and we could not communicate properly. He was driving a 19 year old car. The damage to my car was for $70. Now the driver is suing me for personal injuries. The insurance company lawyer called me to notify me. I am concern about my assets (checking and saving account, retirement account, etc.) Is possible that this person can take all my money?

Asked on September 9, 2011 under Personal Injury, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Okay, here is the first thing I need to know: did you file a police report and did you state that your car was stopped and the other car was in reverse?  That is a very important fact here.  Attorneys love "hit in the rear" cases because the liability against their clients is most often 0% as ever state has a "following too closely" law.  Now, the next important thing is that you reported it to your insurance company and that any legal papers are sent to them immediately. You are entitled to a defense under your policy for any suits as a result of an accident. What happened here that you were notified?  You need to be served with papers yourself.  Which insurance company lawyer called you?  Once you have an attorney in place you need to keep in touch with him or her as to the injuries of the other party.  Do not panic yet.  The way for people these days to make money is to sue for it.  They can write what ever they want in legal papers as to damages in the millions but they still have to prove it.  Wait and see what pans out.  Good luck. 

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