Oroville, CA asked in Car Accidents for California

Q: I was in an accident, a guy on a bicycle ran into my car ,smashed my window , and now is trying to sue me What can I do

He had no light, admitted fault, refused medical treatment, I received no ticket of any kind, was told “ to go home” I was the driver but the car is registered to my daughter in law, because I am buying the car but haven’t completely paid for it yet, we filed a release of liability, but the dmv cannot find it. She received a registered letter saying that the guy that hit me is going to file a lawsuit against her

Related Topics:
2 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: You and she should notify your insurance companies. That is why you paid for all those premiums.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Anyone can sue anyone else for anything, but that does not mean they are going to be successful. If the accident was the fault of the cyclist, he does not have too great a chance to convince a judge it is your fault. The insurance company will tell him this and tell him "NO" to his request for money. But he can still sue you. If it is in small claims, you are still covered by the insurance. He has the burden to prove his case. Just because he was a cyclist and you were a car is not the deciding factor. Remain calm, if you receive a lawsuit, turn it over to your insurance company. If it is small claims and you get a hearing date, prepare for the hearing and take any photo documentation (In hard copy please, not on your phone) to the hearing. Being prepared is half the battle.

Justia disclaimers below,incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.