Q: My insurance co wants to settle my MVA. Do i lose the right to countersue? Res judicata? accident in NYC. i Live in pa.
We were involved in MVA where driver made left turn into my green light straight lane. He claims we ran the red. We did not. We are positive we had green light. He is suing us. If my insurance com. settles my case with the other driver, do i lose my right to counter-sue? Does res judicata apply to me? If i file a lawsuit before my ins company settles, will this retain my right to sue him for damages? TY. this accident was in NYC. We live in Penn.
A:
If you mean the damage to your car issue that is called inter-company arbitration and doesn't bind you but may affect what you get. Get a copy of the full police report. Even if the light changed as the left turning vehicle they can only turn when it is safe to do so.
Assuming its just property damage yes, you have a right to make a claim. Give me a call if you have questions.
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