What are the odds i will win my automobile case?

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What are the odds i will win my automobile case?

I am a resident of new york state, and in the July of 2015 I apparently ran a stop sign
and T- boned the passenger side of a car. The stop sign was completely covered by an
overgrown tree and it could not be seen. The passenger was taken to the hospital and the
driver was fine. I was not cited by the police officer at the scene because the stop sign
was not visible. The next week I was also involved in an accident at the same intersection
when another car ran that same stop sign, and t boned another car that spun into me. The
accidents that occurred there are very common due to that wildly growing tree.

I received notice in September of 2015 that both the driver and passenger in the car that
I T boned were suing me. I have not had a job since February of 2014 and do not own a
house or a car. I have a 50,000 insurance policy. Within the past week, the passenger
settled with the insurance company and we thought it was going to be all over. Today I was
served with papers that I was being sued by the driver. The driver seemed fine at the
scene and was not taken away in an ambulance like the passenger was.

Am I going to lose? I can’t afford a lawyer so what is my best defense?
Is this going to ruin the rest of my life?

Asked on August 18, 2017 under Accident Law, New York

Answers:

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

Answered 4 years ago | Contributor

Your auto insurance company at the time of the accident should provide you with an attorney at no cost to you.
Although it is not possible to predict the outcome of any case, you will probably lose because you were at fault in the accident even though you could claim as a defense that the stop sign was obscured by the tree.
This is NOT going to ruin the rest of your life.  If the opposing party obtains a court judgment against you, they won't be able to collect because you are unemployed and don't own a home. You can file Chapter 7 bankruptcy which will eliminate that debt.  It would be premature to file bankruptcy until there is a judgment against you because prior to that you wouldn't know the amount of the judgment.


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