Why would an at-fault driver be allowed to sue me?

I got into an accident and wasn't at fault. The other driver's insurance covered my damages, but now the driver is suing me! Is this legally allowed? What should I do?

“Depending on where you live, this is legal. In at-fault states, insurance companies determine fault based on negligence. This is often decided by a percentage of blame assigned to each driver based on the accident report.
Even if the other driver was 95% at fault, if you were found to be 5% at fault, they could pursue you for 5% of damages. Any time you have some sort of at-fault accident, another driver could pursue legal action.
You should reach out to your car insurance company immediately to let them know that the other driver has filed a suit. Your insurance will help defend you from third-party suits. In most cases, your insurance company will try to negotiate with the other driver out of court. If not successful, you may have to continue with legal proceedings.
If you’re accident prone or your insurer has informed you that they plan to drop you as a client following litigation, use this time to find a new car insurance policy with Jerry. As a licensed insurance broker, Jerry can find you the best rates from top-rated insurance companies.”
Emily Maracle
Answered on Jul 30, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.

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