I'm Getting Sued for a Car Accident I Didn't Cause: What Should I Do?
Over the years, the skilled car crash lawyers at the Foley Law Firm have helped numerous people all over Scranton, Stroudsburg, and Wilkes-Barre, PA. We’ve helped these accident survivors or the surviving loved ones receive millions in legal damages and settlements.
Sometimes a client will reach out to us for help because they are getting sued for a crash they didn’t cause. Situations like this can be alarming, but thankfully there are many laws on your side. Let’s look at what you should do in these situations, even if you are partly responsible for a collision.
Act Quickly to Respond to the Legal Claim
In the state of Pennsylvania, you have just 30 days to respond to the legal action. Make sure to act promptly.
Step One: Contact Your Insurance Provider
Make sure to notify your insurance provider about what has happened. They can offer some additional information to you about your next steps.
Step Two: Gather Any Evidence or Relevant Documentation
You’ll likely be asked by a legal rep from the insurance company for any evidence relevant to the collision. Be sure to send any photos, videos, bills, or other documents that may be pertinent to the situation.
Step Three: Consider Contacting an Outside Attorney
If you feel like the person who is suing you is the liable party in a crash, you may want to speak with a personal injury lawyer about taking legal action.
What if the Accident Was Not My Fault?
If the crash was not your fault, you’ll definitely want to consider talking to an attorney about what happened. You may find that you are the one with a more legitimate legal claim than the person who named you in a suit.
Can I File a Counterclaim?
Yes.
You may be able to file a lawsuit in response to the legal claim that was filed against you.
Pennsylvania’s Comparative Negligence Laws
As we’ve noted in the past, you can file a car accident lawsuit even if you are partly at fault. This is because the state of Pennsylvania has a modified comparative fault rule in place. In basic terms, this means that you can file a lawsuit against another person in a crash as long as that person is 50% or more to blame for the accident.
If you are 50% or more responsible for a crash, however, you are not entitled to seek any legal damages from the other motorist.
Why You Should Speak With a Lawyer
A lawyer who is familiar with personal injury law can let you know if you should pursue a lawsuit of your own. In some cases it may not be advisable given the circumstances of the crash.
Having a legal expert provide this kind of insight is an essential part of protecting your finances and avoiding any additional losses.
Contact the Foley Law Firm About Your Case
If you need legal guidance after an accident, our team is ready to help you. To set up a legal consultation, contact our law offices in Scranton and Stroudsburg, PA. During your meeting with our team, we can give you all the information you need to make a smart decision about what steps to take next.
