can this happen?

What is the name of your state?MO

In an accident a year ago in TX, was cut off the guy slammed on his breaks and we rear ended him, barely a scratch on bumpers. Walked around fine until ambulance got there, then said he couldn't walk and his neck was hurt. Went to court, the officer testified and the Judge in TX threw it out no tickets issued, the judge said he threw it out since it was obviously the other guys fault. Now the guy has brought a civil suit against us in Missouri. Can he do that when the judge threw the other suit out, and shouldn't he be suing the insurance and not us. This was us in Semi on the job, and all liability was through commercial insurance.

[HomeGuru]

Originally Posted by milaki

What is the name of your state?MO

In an accident a year ago in TX, was cut off the guy slammed on his breaks and we rear ended him, barely a scratch on bumpers. Walked around fine until ambulance got there, then said he couldn't walk and his neck was hurt. Went to court, the officer testified and the Judge in TX threw it out no tickets issued, the judge said he threw it out since it was obviously the other guys fault. Now the guy has brought a civil suit against us in Missouri. Can he do that when the judge threw the other suit out, and shouldn't he be suing the insurance and not us. This was us in Semi on the job, and all liability was through commercial insurance.

**A: yes it can happen. It did happen correct?

[BelizeBreeze]

yes he can so call your insurance company.

This guy is trying to run the 'swoop and stop' on you.

[JETX]

Contact your insurance carrier.
And yes, though the subject can file the lawsuit, the defense of 'Res Judicata' is pretty automatic.

res judicata
n. Latin for "the thing has been judged," meaning the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless.