What can I do about a car accident that was not my fault and now I am being sued? 21 Answers as of May 14, 2013

I was in a car accident. I didn't have insurance at the time. I was hit on my passenger side by this lady, which through me over a ramp coming off of the expressway. She is suing me for her and three other people who was supposedly in the car. I don't know because I was taken to the hospital right away. My car was total. My head hit the steering wheel and my knees hit under the steering wheel. What do I suppose to do about this?

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
You need to answer the suit. It is best to have a lawyer do this for you, but you will have to pay the lawyer - if you had insurance as the law in Michigan requires, they would have hired/paid a lawyer for you. If you can prove that you were not at fault for causing the accident, they can not collect any money from you. You can also contest the extent of the injuries being claimed, but that will require getting the injured parties depositions, medical records and perhaps having either the records and/or the injured party examined by a doctor to determine if their injury claims are based on medical evidence. An alternative is to discuss your lack of insurance with their lawyer and encourage them to make an Uninsured Motorist claim against their own insurance policy. However, if their insurer pays this claim, the insurer may sue you for reimbursement. Of course, you can then still attempt to show you were not negligent or the insureds weren't hurt (if those things are true).
Answer Applies to: Michigan
Replied: 5/14/2013
John Russo | John Russo
Nothing that seems like what you have been doing already. Retain a personal injury attorney what do you think you should do, if the accident was not your fault as you allege you will have no problem having an attorney take the matter, they receive nothing unless you do, and you will receive much more with then without, and that is the main reason they are coming after you they know you are unrepresented.
Answer Applies to: Rhode Island
Replied: 5/10/2013
Law Offices of George H. Shers | George H. Shers
Do you have any assets? If not, tell the plaintiff that you have no insurance or money so you are judgment proof. If she will not dismiss the suit then you need to file an answer, apply to the court for a waiver of the filing fees, consider filing for bankruptcy, and try to find some books that will tell you in layman's language what to do to defend a civil suit. It will be very difficult. If the police report supports your version give her or her attorney a copy of that and suggest she go after her own uninsured motorist insurance policy coverage. It will not be easy. You probably want to file a cross-complaint for the damage to your vehicle and loss of use of it. I assume you do not have the money to pay an attorney for legal advice.
Answer Applies to: California
Replied: 5/10/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
You should hire a lawyer to defend your case. If you cannot afford an attorney, file an answer to the suit and do your best to defend yourself.
Answer Applies to: South Carolina
Replied: 5/10/2013
Durham Jones & Pinegar | Erven Nelson
You need a lawyer to pursue your case against her, and to defend you. First, your lawyer will want to look at a police report if one was prepared. If not, you need to report the accident now to the police and pursue the lady.
Answer Applies to: Nevada
Replied: 5/10/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    That is what happens when you drive a car without insurance. Even when you are right, you are wrong. I would go to a lawyer and find out if you have a claim against the owner and driver of the other car.
    Answer Applies to: Michigan
    Replied: 5/9/2013
    Lydy & Moan | C. Gary Wilson
    You need to defend the lawsuit. Unfortunately, you had no insurance that would normally defend the suit for you.
    Answer Applies to: Ohio
    Replied: 5/9/2013
    Gary L. Platt, Attorney at Law | Gary Platt
    If you didn't have insurance, you will need to find an attorney at your own expense to defend you in this lawsuit. If you lose, you will have to pay damages to the plaintiffs who are suing you. If the accident wasn't your fault, you may successfully defend the lawsuit, but that is almost impossible without the assistance of an attorney.
    Answer Applies to: California
    Replied: 5/7/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Consult an experienced accident lawyer.
    Answer Applies to: Alabama
    Replied: 5/7/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Hire counsel
    Answer Applies to: California
    Replied: 5/7/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    The question is who was at fault? Obviously they think you were. That is for a jury to decide. If you did not have insurance coverage you ought to hire a really good lawyer to fight for you. otherwise you are likely to wind up with a judgment against you and you may lose your right to drive
    Answer Applies to: North Carolina
    Replied: 5/7/2013
    Lawrence Kahn Law Group, P.S.
    Lawrence Kahn Law Group, P.S. | Lawrence Kahn
    See an attorney to file a counter suit. If you are negligent free and Injured, there should be no problem hiring one on a contingency fee agreement.
    Answer Applies to: Washington
    Replied: 5/7/2013
    SHAPIRO LAW GROUP | ERIC L. SHAPIRO
    Honestly you need to speak with an attorney as quickly as possible
    Answer Applies to: Georgia
    Replied: 5/7/2013
    Gates' Law, PLLC | Thomas E. Gates
    Retain an attorney to assist you.
    Answer Applies to: Washington
    Replied: 5/7/2013
    Hone Law Firm
    Hone Law Firm | John S. Hone
    Are you collectible? You don't have insurance. But still, even under the facts that you stated, you need to defend the case, or they can get a judgment against you.
    Answer Applies to: Michigan
    Replied: 5/7/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    Do not default, Hire your own attorney.
    Answer Applies to: Florida
    Replied: 5/7/2013
    End, Hierseman & Crain, LLC | J. Michael End
    The biggest issue is whether the accident was more your fault than the other driver's fault. The answer to that question determines who is liable to the other. The passengers, on the other hand, have the right to sue both drivers and the other driver's insurer, if she had insurance. You need a lawyer to help you determine what to do. The facts of the accident and the severity of injuries are important facts that a lawyer would need to know in order to give you good advice about this.
    Answer Applies to: Wisconsin
    Replied: 5/7/2013
    Stephens Gourley & Bywater | David A. Stephens
    If you do not have insurance, you will have to defend the case, or they will get a default judgment against you.
    Answer Applies to: Nevada
    Replied: 5/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will have to engage in attorney with all the facts before any firm opinion can be rendered, however, driving without insurance, especially in Michigan, is dealt with very harshly.
    Answer Applies to: Michigan
    Replied: 5/7/2013
    Crowley, Hoge & Fein, P.C. | Leslie G. Fein
    Nothing to do other than hire a lawyer and expect to pay A LOT of money to the lawyer to defend you in court. If you do nothing, no one will know the accident was caused by the person suing you and that person will get a default judgment against you. The lawyer can ask that your legal fees be paid by the at-fault driver, but that doesn't happen very often.
    Answer Applies to: District of Columbia
    Replied: 5/7/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    You need to contact a personal injury attorney as soon as possible, especially if you have been served with the lawsuit.
    Answer Applies to: California
    Replied: 5/7/2013
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