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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?
Emily Maracle · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
“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.”View full answer
- Gregory R.
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Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.
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