• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

AUTO ACCIDENT

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

DOREEN

Guest
I WAS IN AN AUTO ACCIDENT 15+ MONTHS AGO. WHERE THE OTHER DRIVER RAN A RED LIGHT AND MADE AN ILLEGAL TURN CAUSING ME TO HIT THE SIDE REAR PORTION OF HIS CAR. THE POLICE REPORT SAYS HE CAUSED THE ACCIDENT AND RECENTLY HIS INSURANCE COMPANY SETTLED WITH ME. AFTER THE INS. CO. SETTLED HE WANTS TO SUE ME FOR CAUSING THE ACCIDENT AND MEDICAL BILLS. DOES HE HAVING ANY VALIDITY TO SUE?
**WHEN THE ACCIDENT OCCURED I WAS IN MOTION MY SIDE OF HAD AT LEAST 4 STRAIGHT GREEN LIGHTS. THE OPOSITE/OTHER DRIVER SIDE TURNS RED TO ALLOW MY SIDE TO MAKE LEFT TURNS. THERE ARE TWO SIGNS THAT SHOW NO LEFT TURN. THAT WHEN HE MADE HIS TURN. HE JUST MISSED BEING HIT BY THE CAR TO THE RIGHT AND ABOUT ONE CAR LENGHT AHEAD OF MY CAR.


[This message has been edited by DOREEN (edited August 20, 2000).]
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by DOREEN:
I WAS IN AN AUTO ACCIDENT 15+ MONTHS AGO. WHERE THE OTHER DRIVER RAN A RED LIGHT AND MADE AN ILLEGAL TURN CAUSING ME TO HIT THE SIDE REAR PORTION OF HIS CAR. THE POLICE REPORT SAYS HE CAUSED THE ACCIDENT AND RECENTLY HIS INSURANCE COMPANY SETTLED WITH ME. AFTER THE INS. CO. SETTLED HE WANTS TO SUE ME FOR CAUSING THE ACCIDENT AND MEDICAL BILLS. DOES HE HAVING ANY VALIDITY TO SUE?<HR></BLOCKQUOTE>


My response:

New York has a 3-year Statute of Limitations on negligence. Since we weren't there, and haven't read the Traffic Collision Report, the following is speculation only.

It makes no difference that his insurance company settled with you. You signed a "settlement" agreement that says "This is in settlement of a disputed claim, and fault or negligence is specifically not admitted" or words to that effect.

Until a judge drops his gavel, there is NEVER any admission of liability, despite what the Police or the Insurance company may opine. Like I said, only a judge or jury can say, with finality, that someone is or is not negligent.

There may, in fact, be some "comparative negligence" on your part. For example, you said that you "hit the side rear portion of his car", which would indicate that he was in the intersection before you, even though you may have had the green light. A green light is NEVER an excuse to proceed into an intersection UNTIL that intersection is completely clear of traffic.

Now, had he broadsided you, I would opine that you are in the clear. But, since you broadsided him, and again, I wasn't there, I can only opine that you were partially at fault.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
P

peter

Guest
I think what IAAL is saying is that you settled with his insurance company but not with him. If he had signed the settlement agreement WITH the insurance company and you, he can not sue!

sneaky SOB isnt he?
 
P

peter

Guest
Also if you think this through, what can he sue you for anyway?

His medical bills were paid by his insurance, so if their was $10,000 of bills and his insurance paid $9,000 ok he can sue you for the $1,000 out of pocket expenses...but every last stinking bill must be accounted for and you can challenge every last stinking bill....hint hint....

And what else oh maybe the increase in his yearly premiums, but then he has to pay all of this out of pocket, and have all the recipts that he did....

so you nit-pick every single last item... he will give up!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top