Ask Me Help Desk - No fault auto accident.

I was in an accident 6 months ago, in Florida. Police determined no fault, I said I had a green light, they said they had green light, both our passengers said the same. My insurance had lapsed at that time but there were no tickets issued. I just received a letter from a popular accident law firm. There was only damage to my car. Driver of the other car went to hospital for chest pains. This letter is trying to sue me for damages. Can this happen since there was no fault, and all the damage was to my car?

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Originally Posted by LHamp

I was in an accident 6 months ago, in Florida. Police determined no fault, I said I had a green light, they said they had green light, both our passengers said the same. My insurance had lapsed at that time but there were no tickets issued. I just received a letter from a popular accident law firm. There was only damage to my car. Driver of the other car went to hospital for chest pains. This letter is trying to sue me for damages. Can this happen since there was no fault, and all the damage was to my car?

The Police aren't accident investigators and, in fact, are after the fact witnesses. If two cars hit each other at least one was at fault. This was NOT an act of God.

You were driving uninsured and the other driver is claiming injury. If there are medical reports to back up that claim of course you can be sued.

I've posted this before - I'm a liability investigator. I was assigned an accident that paralyzed the driver. There was almost no damage to her car. The other car had a lot of damage and the driver walked away.

There's no relationship between damage and injury.

If you lose this lawsuit it will come out of your pocked because you were uninsured.

I am surprised, however, that you are being sued in Small Claims Court.

As Judy said, the issue of fault cannot be determined by police called in after the fact. From what you said, you have not been sued yet. The other driver has retained an attorney who has notified you of a possible suit. When a suit is initiated you get a summons from a court listing the particulars of the suit and details about the court you are being sued in. If the suit is for medical bills I doubt if it will be in Small Claims.

You can try offering the other party a settlement or you tell them to take it court. The court will hear testimony and determine liability. Even if the determination is 50-50, you will be required to pay 50% of what is awarded.

This may be obvious , but I'll state it anyway - hire yourself an attorney, now! I don't know why you were uninsured, but be prepared now to shell out a lot more money for the attorney than you might have saved by letting your insurance lapse.