Can I be sued for a car accident when the officer can't determine fault? 3 Answers as of February 17, 2012

Yes, he can sue you regardless of the officer's view. In fact, he could sue you even if the officer concluded that the accident was his fault. The officer's opinion is just an opinion. In a civil suit, the officer's opinion is generally not admissible evidence unless he actually witnessed the accident or if he can be qualified as an expert witness (some officers have sufficient accident reconstructionist training that they qualify as experts). Even then, the jury can go against the officer's opinion if it believes he was wrong. If you are sued, your insurance company should hire a lawyer to represent you and defend your interests. Remember that you don't want to risk a verdict over and above your policy limits. As much as you feel the accident was not your fault, make sure your insurance company is not risking your money in defending the case if there is a significant chance that a jury may side with the other driver.

Yes he can sue you. An officer's determination of fault means very little in the world of civil lawsuits. Other than personal observations, most information contained in his report is subject to the Florida Accident Report Privilege.

Anybody can sue anybody for anything, but that doesn't mean he's going to prevail. Turn it over to your insurance company and they will provide you with a defense. Besides, the police don't determine who is "at fault" they just issue a citation if they believe one of the parties to the accident violated some law (such a "failure to yield") and at trial the cop doesn't get to testify as to who was at fault, only as to what he witnessed or saw after he got there. Even if the other driver admitted to the policeman that he was at fault, the policeman wouldn't be allowed to testify what the guy told him at the accident scene.