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Fridayknight · Apr 22, 2009, 05:54 PM

2 years ago I was at a red light with a pasenger and was struck from behind by a rental car from out of country. (I live in Canada, and the car was from U.S.A)

There was $3000 damage to my car in which I paid as I didn't have insurance at the time (for a 1 month period)

Now, 2 years later, I am getting served to court as the people in the other car are suing me for Phyical damages. I was hit from behind at a red light thus making it not my fault, correct?

I have photos of my cars damage.

What should I do?

Fridayknight · Apr 22, 2009, 06:06 PM

Also, There was no police report filed, and no police or any tickets given at the scene at all.

Fr_Chuck · Apr 22, 2009, 06:53 PM

The no police report and no tickets is the biggest problem. And why did you not sue them for your damages?

But you will have to show up in court and defend yourself, of course they can sue you, winning may be the issue

Fridayknight · Apr 22, 2009, 06:56 PM

I figured because I didn't have insurance, I can't sue. I just got served today.

Can you elaborate a little more as to what I should do next?

JudyKayTee · Apr 23, 2009, 05:56 AM

You have to respond to the Summons - this is posted in the Small Claims Court section so I am guessing you are, in fact, being sued in Small Claims Court. If it's a superior Court I would do nothing without the advice of an Attorney. If you were driving uninsured (and it appears you were) and a Judgment is obtained against you your Drivers License can be suspended until the Judgment is paid.

This is nothing to ignore or not address properly.

excon · Apr 23, 2009, 06:52 AM

Hello F:

At the very least, I'd file a counterclaim for your $3K. You should win, and they shouldn't.

excon

ScottGem · Apr 23, 2009, 10:23 AM

So you paid the damage out of pocket? If so, file a counter claim. It doesn't matter whether you were insured or not if you weren't at fault. You should have filed a claim against the rental company and the renters.

But not getting a police report may work against you. On the other hand, if your damage was all in the rear, the rule of thumb is that a rear end collission is generally the fault of the person in the rear.

But your next step is to respond to the summons and I would file a counter claim at the same time. If asked why you didn't explain that because you were not insured at the time, you didn't understand your rights.