Q: Can I sue the other driver of a car that hit mine?
My car was hit on the rear passenger side. The crash report says my car was only going 5mph when hit. According to the police report the car following behind the other car stated the lady ran a red light. The insurance company of the other driver said we were at fault because one witness said our light was red and the other witness said the other drivers light was red.
A: I would strongly suggest finding an attorney to handle this. Almost all of the ones who handle car crashes take cases on a contingency, meaning you don't pay them unless they recover for you. Almost all also offer a free consultation, so they can ask you questions to see if you have a good case.
Virgil Royer agrees with this answer
A: Yes. You can sue. The fact you can sue does not mean you have strong case. It sounds like there might be some conflicting evidence that needs to be sorted out. The fact you were hit on the passenger's side door might indicate that you were not at-fault because clearly your car was struck. Without reviewing statements and the police report, it would be difficult to give a clear answer. You should seek the advice and counsel of a lawyer. The insurance company is almost the last person to render an opinion to you because it is likely biased in favor of their insured. You should seek a personal injury lawyer who handles cases on a contingency fee basis. You have a two year statute of limitations from the accident to file a claim, in most cases, for bodily injury, a claim for property loss is longer (6 years), so you should act fast. If you are suing a governmental entity, you must file a Tort Claim within 180 days from the accident.
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