What do i need to do if I was in an accident with no insurance and am now being contacted by other party’s lawyer?
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What do i need to do if I was in an accident with no insurance and am now being contacted by other party’s lawyer?
I was at a light and I just so happen tapped the gas and ran in to the back of a tow truck. The only damages was to my car. The guy got out the truck fine asking was I OK. No damages to the wrench because the cop had him and his supervisor test it out. Now I’m being sued.
Asked on December 10, 2017 under Accident Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you hit him from behind, you are liable, for responsible, for any costs, car damage, or physical injuries the other driver incurred. If you are being sued, your options are:
1) If the amount is small, you may wish to either pay it or try to settle for an amount you will pay--if you fight or defend the suit, you'll spend time and money and could obviously lose (especially since your fault is a given; all you could reasonable challenge is the amount you are being sued for, since he'd have to be able to prove you caused the damage, costs, injuries, etc.). Therefore, for a small amount, it's probably better to pay or settle. If you do, get a written settlement agreement signed the other side *before* you pay. The agreement should state that the amount you are paying is payment in full of all claims, currently known or unknown, arising out of the accident and that in exchange for the payment, he gives up any right to sue you in the future and dismisses the current case "with prejudice."
2) If being sued for a lot, consult with an attorney about defending against the claim. As stated above, it is unlikely you can prove you were not at fault if you hit him from behind, but you may be able to prove that you did not cause his damage or injuries, or that they are less (and less costly) than claimed.
3) If you end up having a court judgment against you for more than you could afford to pay, bankruptcy is an option: bankruptcy works against amounts you have to pay due to lawsuits like this, so long as you were not DUI at the time.
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