What are my rights if I’m being sued for a car accident injury of soft tissue damage?

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What are my rights if I’m being sued for a car accident injury of soft tissue damage?

I failed to make a left turn at a 4-way intersection and she ran a red light and hit my back tire. No one could verify that she ran a red so it was concluded as all my fault. She is going to physical therapy and her injuries can not be verified. In the law is there any part of it on my side?

Asked on August 28, 2015 under Personal Injury, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The law is on your side in that in order to successfully recover money from you, she must
1 Sue you, and in court prove that you were at-fault in causing the accident that is, it is not enough for her to just claim that it's your fault, but rather she must, by persuasive, credible testimony and/or other evidence, show that you caused the accident--and you can provide your own testimony and evidence showing otherwise.
2 Even if she proves that you were at fault, she needs to prove that her injuries exist and were caused by the accident i.e. not that they were pre-existing conditions. To this, she will need a doctor or other medical expert to testify that that the accident caused certain injuries. You could get your own expert to testify otherwise.
3 The amount of money she can recover, even if she wins, is related to her provable medical costs, the provable extent of her injuries, and any other provable losses e.g. lost wages causally linked to the accident she can't just make up any number she feels like.
If you have liability insurance, if sued, refer the matter to your insurer protecting you from suits like this is why you pay for insurance let them do their job.


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