If someone is trying to sue me for medical bills 5 months after an accident and the police report does not say who’s fault it was but her insurer says that it was mine, what now?

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If someone is trying to sue me for medical bills 5 months after an accident and the police report does not say who’s fault it was but her insurer says that it was mine, what now?

Is this where I go to court?

Asked on October 20, 2015 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The police report would be evidence only--i.e. evidence of what the police thought--and is not dispositive or determinative, so the fact that it does not assign fault doesn't matter someone who feels that the other side is at fault may still sue. 
The fact that their insurer feels you were at fault is not dispositive or determinative either--the insurer  is not a court, and their opinion is not a legal judgment or determination. 
To win against you, the person suing you would have to prove that you were at fault e.g. driving negligently, or recklessly that whatever costs or injuries they suffered were due to the accident you caused and not, for example, pre-existing conditions and that their claims for injuries and costs are accurate. Not only would they have to prove these things, you could, in court, try to disprove them.
It can be expensive to try to disprove their medical costs or injuries, because you'd need to hire you own medical expert to analyze the medical reports, tests, etc., and a medical expert can cost thousands of dollars. Depending on what they are suing you for, if you believe that you were at fault, you may wish to try to settle the case for some amount and/or payment plan you can afford though remember settlement is voluntary the other side can hold out for payment in full. If you feel you are not at fault, then you  may wish to defend on that basis, and/or even countersue for any injuries, costs, etc. you incurred.


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