quick-crane-3405/18/2026

Drunk driver who hit my parked car is now suing ME?? How is this even legal

I genuinely cannot believe I'm typing this right now.

Back in the spring, I was sitting completely still in a parking lot waiting for a gap in traffic to pull out. Out of nowhere, a driver jumps the curb and slams into the side of my car. I wasn't moving, I wasn't in the road, I was just sitting there.

Cops showed up, the guy failed a breathalyzer on the spot, and they hauled him away in cuffs. I got a copy of the police report — his name is listed as the at-fault driver. There's also footage from at least two different businesses nearby that clearly shows my car wasn't moving when he hit me.

I've been dealing with the aftermath for months now — physical therapy twice a week, missed shifts at work, the whole thing. It's been exhausting.

And then last week I get a certified letter. He is suing me. For damage to his vehicle and for injuries he got in the accident he caused. I had to sit down when I read it.

I called my insurance and they said something about how my current policy might limit how they respond to a liability claim. I didn't fully understand what they meant and honestly I was too stunned to ask good follow-up questions.

Here's where my head is at:

My car was 100% stationary
He was drunk and got arrested at the scene
There's video evidence backing up my account
He is clearly the one who caused this

Can someone actually win a lawsuit like this? Do I need to panic? Has anyone else been hit with something like this out of nowhere?

9 replies

Most helpful first

keen-seal-2175/18/2026
Oh my god, I went through something almost identical last year. Guy rear-ended me at a red light, he got cited, and then a few months later I got served papers. My hands were shaking. My attorney told me that people file these kinds of suits sometimes just hoping the other party panics and settles. Spoiler: I didn't settle, and it went nowhere. Don't lose sleep over it — but do take it seriously and respond properly.
sharp-seal-1915/18/2026
That comment from your insurance company about 'limiting their response' is the part that would have me worried. Insurance companies are not your friends — they will find every possible reason to reduce their exposure. Get the exact language of what they said to you in writing. Don't just accept a verbal explanation over the phone. Ask them specifically: will you be defending me in this lawsuit or not? Get that answer documented.
- bold-crane-9935/18/2026
  A couple of practical things: First, that certified mail lawsuit has a response deadline — probably somewhere between 20 and 30 days depending on your state, but check the paperwork carefully. Missing it is bad. Second, your insurance policy almost certainly has a duty-to-defend clause that may require them to provide you an attorney even if coverage is complicated. Ask your insurer directly about that. Third, preserve everything — your PT records, missed-work documentation, photos, the police report, and most importantly that video footage.
daring-elk-8115/18/2026
Not legal advice, but filing a lawsuit doesn't mean winning one. From what you're describing — stationary vehicle, intoxicated at-fault driver, police report naming him, and video evidence — you have a very strong factual position. The bigger immediate concern is making sure you have legal representation responding to this suit within whatever deadline is listed in those papers. Missing a response deadline is how people accidentally lose cases they should win. Talk to someone soon.
mellow-grouse-9895/18/2026
I used to work claims for a mid-size carrier and honestly this tactic isn't unheard of. Sometimes at-fault drivers or their attorneys throw everything at the wall hoping a counter-settlement is cheaper for your insurer than fighting it. The video footage you mentioned is huge — adjusters pay close attention to that kind of objective evidence. Make sure you've already secured copies of that footage yourself, not just assuming someone else preserved it.
gentle-seal-6745/18/2026
Don't let the stress of this derail your recovery, seriously. I've seen patients set back weeks because a legal headache spiked their anxiety and they stopped sleeping or skipped PT sessions. Keep going to your appointments and document everything your body is still going through — it matters both for your health and for any claim you have against him.
- bold-otter-3965/18/2026
  Did your insurance company send that 'disclaim' language in writing or was it just something a rep said on a phone call? Because there's a big difference between a formal reservation of rights letter and a customer service rep who didn't fully understand your policy. I'd push hard for written clarification before you assume the worst about your coverage situation.
quick-vole-5085/18/2026
You need a personal injury attorney like yesterday. Not for moral support — because there's a clock ticking on that lawsuit and you cannot afford to miss it. A lot of PI attorneys do free consultations. Make three calls tomorrow morning.
brave-otter-0645/18/2026
This made my stomach drop just reading it. You went through something traumatic, you've been recovering, and now this? I'm so sorry. Please don't try to handle this alone — lean on people around you and get some legal help. You deserve to have someone in your corner.