Q: Fiancée was middle car in hit and run. Now the woman in front of her is suing my fiancée for damages, medical expenses.
Responding police officer declared it a hit and run in his report. Plaintiff filed claim with my fiancée’s insurance company who denied their claim because of zero wrong doing by my fiancée. In the plaintiffs lawsuit paperwork, it has no mention of police report or hit and run. Accident happened at approx 0-5 mph and she is claiming “tremendous pain and suffering”. Plaintiff refused medical treatment at time of accident but went to hospital 2 or 3 days after it occurred. How can she come after my fiancée if it was declared someone else was at fault?
A: You have described a very weak case, but of course anyone can file a lawsuit. Make certain that your fiancé has reported the lawsuit to her insurer who will protect her interest assuming she has liability coverage. This is one of those instances where it is said that this is a reason we have automobile insurance coverage, particularly like this case where the liability and damages are so remote, doubtful.
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