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    Carmie1433's Avatar
    Carmie1433 Posts: 1, Reputation: 1
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    #1

    Jun 9, 2007, 09:18 AM
    Being sued in small claims court for an accident that was not my fault
    I am being sued in small claims court for an accident that was not my fault. I was not even hit in the accident, according to police it was a one car accident. A guy that was driving behind me, hit a guard rail because he thought I was turning right not left and went around me on the left, but I was clearly turning left. I never made the turn because I saw the guy coming in the rear view mirror going around me on the left side. Now he is suing me for his insurance deductible.

    Is this something that my insurance company will take care of? What should I do?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 9, 2007, 09:40 AM
    Hello Car:

    Yes, it's absolutely something your insurance company should take care of. Call your agent.

    excon
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Jun 9, 2007, 09:41 AM
    I really don't know how he an sue you. Was there a police report done ? I would call your insurance company, but he is suing you so I would retain a lawyer if I were you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 9, 2007, 10:09 AM
    In today's world everyone can sue anybody, he must think you had signaled one direction thus making him sweave when he went to pass.
    There are several issues, as to if this was a legal place to pass and so on.

    But all you have to do is show you were not at fault, and he will have to try and prove you were. Getting a ticket or not getting a ticket can have some effect in civil court, but not getting a ticket or getting shown at fault on a criminal manner, does not mean one can not be found guilty in civil court.
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