What will happen if I am being sued for negligence? 53 Answers as of July 02, 2013

I accidentally forgot to turn my headlights on at night while I was driving in the neighborhood. I ended up hitting a biker, but he wasn't severely injured since I was going very fast. I saw him coming and tried to stop, but he says since he didn't see my headlights on that it was difficult to really see my car. I find this difficult to believe. He is now trying to sue me for negligence and compensation for his injuries. What can I do?

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Legal Center of Homestead Abramson & Magidson, P.A.
Legal Center of Homestead Abramson & Magidson, P.A. | John M. Abramson
If uninsured so advise the party. They may disregard thoughts of recovery against you.
Answer Applies to: Florida
Replied: 3/27/2012
Holzer Edwards
Holzer Edwards | Kurt Holzer
Pay the compensation. You should contact your auto insurance company because that is why you are required to have liability insurance.
Answer Applies to: Idaho
Replied: 2/28/2012
Andrews & Sanders Law Office
Andrews & Sanders Law Office | Richard A Sanders Jr
Do you have insurance? Contact your insurance carrier. They should provide you with counsel. If you don't have insurance then you need to contact an attorney on your own.
Answer Applies to: Georgia
Replied: 2/27/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
This claim should be immediately turned over to your automobile insurance carrier.
Answer Applies to: Georgia
Replied: 2/27/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
Turn in to you insurance company immediately.
Answer Applies to: Iowa
Replied: 6/19/2013
    Lennon Miller O'Connor and Bartosiewicz PLC | Christopher Morris
    Turn it over to your auto insurance company immediately. You will probably have to pay a deductible amount as called for by the insurance policy. If you are operating a vehicle without insurance than you will have broken two laws: driving uninsured and training after dusk without headlights.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    You should call your insurance company, and let them handle it. That is why you pay premiums.
    Answer Applies to: Missouri
    Replied: 2/24/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You have to turn the papers over to your auto insurance company and they will assign a lawyer to defend you free of charge.
    Answer Applies to: New York
    Replied: 2/24/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Report the matter to your automobile liability insurer immediately if you have not done so already. The insurer will get a lawyer to defend you at their expense and pay any settlements or judgments, if any, against you for this up to the limit of the policy.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    In any accident case you should notify your insurance carrier as soon as possible that the accident happened so that they can begin investigating the case. If you have insurance you are paying for no fault benefits for the person in your car and the pedestrian. Your policy has a policy limit, that amount you insured yourself for damages and for lawsuits against you, Included in that policy is a defense. The insurance company will provide you a defense, which is an attorney to represent you. You should cooperate with your insurance company and notify them of the accident.
    Answer Applies to: New York
    Replied: 2/24/2012
    Joseph T. Barberi, P.C.
    Joseph T. Barberi, P.C. | Geoffrey K. Rettig
    In Michigan, all drivers must be insured for claims arising out of allegations of negligent operation of a motor vehicle. If you are driving a vehicle with the permission of the owner, their insurance should cover any claim made against you. The insurance company has two basic duties to their insured: to defend any action brought against the insured, and the duty to indemnify their insured, meaning pay damages for the insured's negligence up to the monetary limits of the policy. Since you say you are being sued, the matter should be turned over to your insurance company immediately. The first person to call would be your auto insurance agent, or contact the insurance company directly. Almost all No-Fault insurers in Michigan maintain web sites with claim center pages.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    Notify you insurance carrier immediately if you have not already done so.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    If you had insurance at the time of the accident, your insurance company is supposed to provide legal representation on your behalf.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    They will provide an attorney for you and pay any judgment rendered against you, up to your insurance "limits". If you did not have auto insurance at the time of the accident, you may consider hiring an attorney.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Get this into the hands of your insurance company. This is why you have insurance. They will defend you and probably make a deal to minimize the amount that is paid out.
    Answer Applies to: New York
    Replied: 2/24/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Hopefully you have auto insurance. If you do, make a claim with your carrier. If not, contact an attorney to help defend you. You will have a difficult time without your lights being on.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Sounds like you are probably liable, but the plaintiff also bears some responsibility for his comparative negligence. Contact your automobile insurance carrier or agent. The claim should be covered by your policy.
    Answer Applies to: New Hampshire
    Replied: 2/24/2012
    Law Offices of George H. Shers | George H. Shers
    Immediately contact your automobile insurance company as they will hire and pay for a competent attorney to defend you [one argument will be that one of the vehicles had to be out of its lane].
    Answer Applies to: California
    Replied: 2/24/2012
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    You should notify your insurance company of the claim immediately. Your company will provide an attorney for you and pay for a settlement or verdict up to the limits of your coverage.
    Answer Applies to: North Carolina
    Replied: 2/24/2012
    Attorney at Law | Ernest Krause
    You have a problem. But isn't it your insurance company's problem? He wants his medical expenses and "pain and suffering," probably. If there is a police report read it thoroughly. If, somehow, you are personally stuck with the liability make a deal with him. Seek free legal consultation.
    Answer Applies to: California
    Replied: 2/24/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You need to contact your auto insurance company. The will defend you. If you did not have Insurance you should consult with a lawyer.
    Answer Applies to: Connecticut
    Replied: 2/24/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Turn it over to your auto insurer. They will defend you and pay damages up to your chosen limits.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You need to report the incident to your insurance company and let them take it from there. If you didn't have insurance, you need to retain an attorney to defend you and prepare to pay for the damages you caused.
    Answer Applies to: Washington
    Replied: 2/24/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You should contact your insurer. Your insurer will defend the suit. If you have no insurance, hire an attorney.
    Answer Applies to: South Carolina
    Replied: 2/24/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    Turn the lawsuit over to your car insurance carrier and let them deal with it, that OS what you pay the premiums for. Of you are uninsured, get a lawyer. The injured person has to prove a threshold injury, defined as a serious impairment of body function, a minor injury won't cut it.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If you have insurance, turn it in to the insurance company. If not, talk to an attorney.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Turn the case over to your carrier.
    Answer Applies to: California
    Replied: 7/2/2013
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    If you are sued, you should provide a copy of the complaint to your insurance company, who would defend the case for you.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Was he going in your direction as he is required? You can be sued, but you insurance company will defend.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    You should advise your automobile liability insurance carrier immediately. You should also advise any umbrella / excess insurance carrier. If served with a lawsuit, you must answer promptly or a default judgment may be taken against you.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    The Smalley Law Firm, LLC | Cary Smalley
    You can try and settle with him out of court or turn in the claim to your auto insurer for potential defense and indemnification.
    Answer Applies to: Kansas
    Replied: 2/24/2012
    Bruce Plesser | Bruce Plesser
    Report the incident to your insurance carrier. They will defend you. If you are uninsured and sued you are on your own.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Contact your insurance company and they will defend the civil claim.
    Answer Applies to: New Jersey
    Replied: 2/24/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, we assume you have contacted your insurance company and that they have offered you the services of an attorney. We recommend that you consult with your own attorney and discuss all the facts, along with your rights and options. Good luck.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Call your automobile insurance carrier and let them handle it. Based on what you are saying, you are clearly at fault but, people make mistakes. All you can do now is own up to it and take responsibility. Tell your insurance company the truth and be done with it. They will likely settle the case given these facts and you won't have to be hauled into court. If you do get sued, your insurance company will provide you an attorney. Just make sure your insurance company settles at or within the policy limits and it won't cost you a dime out of your pocket. And please drive carefully.
    Answer Applies to: New York
    Replied: 2/24/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Assuming you had auto insurance, contact your insurance company as soon as possible.
    Answer Applies to: Washington
    Replied: 2/24/2012
    Ezim Law Firm | Dean Esposito
    Notify your automobile insurance company about the incident. If the biker files a claim, you insurer will handle the matter for you at no cost to you.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    If you had valid auto insurance at the time, contact your insurance company immediately and tell them about what is going on. They will investigate the claim and decide whether the pay it or defend you. If you did not have insurance or if the insurance company is not helping you, you should contact an attorney to help you.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Contact your automobile insurance carrier. Assuming you have insurance, it should provide that the insurance company provides you a defense and insures you for the amount of liability insurance under your policy.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Gilbert & Bourke, LLP | Brian J. Bourke
    Turn the claim over to your automobile insurance carrier. They will defend the claim and make a payment if they feel it is justified.
    Answer Applies to: California
    Replied: 2/24/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Turn it over to your insurance company immediately. If you delay, they may deny coverage for you for "late reporting."
    Answer Applies to: Florida
    Replied: 2/24/2012
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