I Was Rear-Ended and Now I’m Being Sued. Now What?
When a rear-end accident happens, it is commonly understood that the driver following behind is at fault. They are the ones in a position to observe the vehicle ahead of them and have a duty not to follow too closely. The last thing a car accident victim hit from behind expects is to be sued. Still, some negligent drivers attempt to recover compensation through a lawsuit that they do not deserve.
When served with a lawsuit, the important thing is not to panic. Of course, getting notice of a lawsuit against you is a highly stressful situation, but you have options. A good first move is to contact a car accident lawyer in Brooklyn as soon as you are served with the lawsuit. An experienced attorney will be able to tell you what to expect based on the circumstances of your case and how to fight the other driver’s claims.
What Should I Do If I Am Being Sued for a Car Accident I Was Rear-Ended in?
Your initial thought after getting served with a lawsuit is to contact your car insurance company. After all, you pay premiums to your insurance provider so that they will protect you in cases such as these. While you must report the claim against you to your insurance company, it is best to consult an attorney first. Insurance company lawyers are there to protect the interests of the company and its bottom line. Speaking with a car accident attorney independent of your insurance will ensure you get legal advice to protect your rights.
A legal team will typically interview you and investigate the accident by gathering evidence and visiting the scene. They will usually be able to tell quickly whether there is the potential for a real case or if the other driver is angling for an insurance payout.
Unfortunately, the fact that the case is likely frivolous will not stop a lawsuit from being filed. If you are served with a lawsuit after being rear-ended, you might think it is ridiculous, but you cannot ignore it. Ignoring a summons will not make a lawsuit go away. Instead, the rear-ending driver would win the case by default if you did not attend court, and you would be ordered to pay the judgment against you.
What Are My Legal Options When a Driver Who Rear-Ended My Car is Suing Me?
Car accident claims work differently in New York than in many other states because no-fault insurance is used here. In a no-fault state, crash victims can get coverage for their medical expenses and lost wages from their own insurance without proving fault. In an at-fault state, victims would file claims against the other driver’s insurance and can only recover compensation by proving negligence.
However, drivers in New York do not have an automatic right to file a lawsuit. A driver who rear-ended you can only file a lawsuit if they suffered “serious” injuries, according to I.S.C. § 5104(a). One legal option your attorney will likely employ is challenging the seriousness of the other driver’s injuries. If the lawsuit does proceed, a lawyer can assert that the other driver was completely at fault under the comparative negligence rule.
Challenge the Other Driver’s Right to Sue
A driver cannot file a lawsuit in New York for a car accident, regardless of the type, unless they suffer serious injuries. It is incumbent on the individual filing a lawsuit to confirm that they actually suffered serious injuries by providing medical records and other evidence to the court and opposing side.
What is considered serious is not subjective but is defined by § 5102(d). Serious injuries include death, significant disfigurement, fractures, miscarriage, and dismemberment. Additionally, a permanent loss or significant limitation in the use of a body member, organ, function, or system is also classified as serious. Furthermore, injuries can be deemed serious even if they are not permanent, provided they hinder you from carrying out most of your daily activities for at least 90 days within the 180 days following the onset of your impairment or injury.
If the other driver’s injuries do not meet one of these definitions, they will not overcome the serious injury threshold. At that point, your attorneys will request the court dismiss the lawsuit.
Prove the Other Driver was Completely at Fault
If the threshold is overcome and the lawsuit proceeds, you can still fight the claims by proving the other driver was at fault. Under C.V.P. Law § 1411, each party in a lawsuit is responsible for their individual share of the fault. The other driver must prove that you were completely responsible for getting rear-ended, which is no simple task. If the lawsuit went to court in front of a jury, many jurors might start from the common sense conclusion that the rear-ending driver was more, if not completely, at fault.
According to V.A.T. Law § 1129(a), a driver must not follow another vehicle closer than is reasonable and prudent. When a person rear-ends another driver, your attorney will argue that their distance was unreasonable. Even if you had to slam on your brakes for some reason, they should have been at a distance to see and react before crashing into you.
Call a Car Accident Lawyer After Getting Rear-Ended to Know What to Do Next
While being sued by a driver who crashed from behind, it is not impossible. Even if you have not been sued, it is best to speak with an attorney to determine if filing your own lawsuit is necessary.
