Can a Person at Fault Sue?

My guess it will be all dependent on what the police report says. If both were cited then I don't know that she has a leg to stand on.

Ask your lawyer. If I understand correctly, anyone CAN sue, but that doesn't mean they have a snowball's chance in Hell of winning.

If you have a good insurance company, turn it all over to them.....

My daughter was in an accident 8 years ago, and 2 years later, the lady in front decided to sue....

We got a letter from our insurance company saying that the woman was possibly suing, and if so, just send them all the paperwork.

We didn't hear another thing about it.

If you have the police report, (and I'm assuming that you already turned that over to the insurance company), and any photos you might have taken, be sure to turn all that over, also.

Good luck!

Wait a second...She was cited for the accident and now she is trying to sue your DH???? How does that work? What is wrong with her, mentally, ethically, etc.?! I'm really sorry you guys are going through this. I don't have any advice to give, especially since I'm not familiar with FL laws but I really hope this get's resolved, without you guys being financially responsible for any of it. Good luck!

Anyone can sue. But if she has hired a lawyer, her lawyer will want to make sure she has a legitimate case before filing. The lawyer will want to investigate, look at police reports, talk to both insurance companies, etc.

I worked for an organization that owned an apartment complex. I had to let someone from the gas company into an apt because there had been a gas leak. The tenant threatened to sue, as we had not given her 24 hour notice. Um, there was a gas leak? I don't know much about gas leaks, other than I trust the gas company when they tell me the NEED to check the apartment. As soon as her lawyer heard that, they dropped the suit.

Call your insurance company and ask them for advice. It's in their best interest to protect you.

Get a copy of the accident report and review it. If there are any discrepancies in what happened vs the report, get in touch with the officer/department and ask about getting it corrected.

If it is accurate, be sure to provide a copy to your insurance company (they should already have one, but perhaps they don't yet), and include with the copy a cover letter specifying that the report indicates the other driver WAS at fault for an illegal turn/lane change (however it is cited).

My husband was in a head-on collision a few years ago where the other driver was at fault and had no insurance. We were given a number to contact the police department later on for a hard copy of the police report. It may be that your insurance company doesn't have a copy of yours yet. I think we provided it to our insurance company, but I don't know if it was at their request or out of an abundance of caution on our part. It's been 3 years and I just don't remember.

And in answer to your title question... yes. Anybody can sue anyone for anything. Doesn't mean it won't be thrown out for a myriad of reasons, but a person can pay a filing fee and file anything.

Anyone can sue. Years ago I was sued because of an accident. In that case, I was at fault. Gave my statement to the insurance rep and never heard another things about it. When I called to check in on the case I was told things were "handled" and I didn't need to do anything further.

My sister was in a terrible wreck a year and half ago. In that instance no one was found at fault. Basically, there was no evidence. My sister said the person she collided with ran a red light and the other person said she blacked out. No witnesses, no cameras, no skid marks...nothing. About six months ago she gets a notice she is being sued and contacts the lawyer provided by her insurance. He told her that almost all of these cases get mediated outside of court and she even have to testify. She called to check on the case last week and was told it would most likely be settled this week and she wouldn't even need to testify.

I wouldn't stress too much. Let the lawyers handle it. This is why we have insurance. Good luck.

Turn it all over to the insurance company. If she decides to sue, they have lawyers that deal with that.
Also, keep an eye on this claim and make sure the insurance company does NOT pay out. Sometimes they do this if the claim is low monetarily since it's more economical for them. It won't be economical for you, though, when your rates go up.

She can try all she wants, but I doubt she'll prevail. Who sent you the letter? If it was her attorney, simply write back saying you deny that you were at fault and provide him/her with a copy of the police report. Don't make any other statements. Let the attorney know that her claims will be vigorously contested. And then wait and see what, if anything, they do. Chances are the attorney has not seen the police report. In this type of action, the attorney doesn't get paid if their client doesn't recover anything so once the attorney sees the police report, he/she will probably drop the client.

and Jo W, just because someone pulls out in front of you and you hit them in the back does NOT mean you didn't have reasonable control of your car. I worked in personal injury for about 20 years and NEVER heard the phrase "reasonable control of your car." Don't know where you got that from. In this situation, what she did means that SHE made an unsafe lane change that resulted in an accident. Has nothing to do with his control of his car. Sorry, but thats ridiculous.

Cops are not lawyers or judges. A person must always have reasonable control of their car which is why rear end collision is always the fault of the person in back. The only way it would have been her fault was if she side swiped your husband.

A cop saying he thinks the accident is her fault doesn't mean squat. She didn't turn, she cut him off. Happens to most of us on the highway, doesn't mean we get to hit them.

Let your insurance fight it out.

I am not saying he wanted to hit her, I am saying under the law he did not have reasonable control of his car which is why the insurance company is saying it is his fault. I have been cut off, within inches of my front bumper and managed to not hit the person, that is reasonable control of your car because people are stupid and you should never assume they will not cut you off.

The fact is the only way that accident happened is that they were both in the same lane, she went over to make the right and cut back over. Before she moved to the right lane he should have had at least two car lengths between them so the only way he would have hit her is if he was accelerating into an intersection. He was passing her in a dangerous manner. She shouldn't have cut him off but he should have kept reasonable control of his car.

I am sorry this isn't want you want to hear but I cannot change law, only tell you what it is.

My oldest had the same accident, I know it well.

Anyone can sue anyone. It's your right. I could sue you for asking a question here I don't like. I won't win. I'll waste everyone's time. It might get thrown out before trial. More likely this case will get settled - insurance companies often settle because it would cost them more to go to court. I don't think this can harm you, but consult a local attorney.

In response to Jo's comment it's true that nearly all rear end collisions are the fault of the back car. However in this case she made an unsafe lane change making her at fault.

I agree to let the insurance company handle this. I've been sued a couple of tes after an accident. The insurance company's lawyer took care of it. I gave a deposition thats all. Neither case went to court. Know that your insurance company may settle with a payment. Law suits ate complex. Even if they pay it does not mean you are at fault or that your rate would increase.

First of all, let me say I'm glad your hubby called the police! I'm always suspicious of anyone not wanting the cops called.

I've been in several fender-benders, none of which were my fault, and each one has been handled totally by the insurance companies. That's what I'm paying for and that's why they have lawyers. The only thing you should do is talk to YOUR insurance agent and that's all!!

Who knows if she'll be able to sue or not; unfortunately, she'll probably lie about it. Of course, it also depends on what was written on the police report - but even that won't be a guarantee of the facts.

Good luck!!

I'd say call your attorney to find out but if she got the ticket there's no reason for her to sue you unless she's contesting it and saying your hubby caused the accident and she was ticked wrongly. Then she'll be suing for all the damages at some point.

Your insurance company will handle it. And to answer your question, yes, a person at fault "can" sue. Anyone can sue anyone for anything. That is the point of why you pay for insurance and hopefully you have enough to cover this. You should ALWAYS get a police report, even for a very small fender bender. Otherwise, it's he said/she said. Good luck.

Your insurance company will deal with this. With statements from the witnesses, you'll be fine.

as long as your husband had insurance, the insurance will take care of it. They have a team of people who do this every day and their own lawyers. you will be aggrevated, but you won't be out any money.