brave-heron-8485h ago

The other driver caused the crash and now she's suing ME for injuries?? I'm losing my mind

I genuinely don't know where to start because this whole situation feels like a nightmare I can't wake up from.

Back in the spring, a guy blew through a stop sign and T-boned my car on the passenger side. Cops showed up, took a report, and the officer told me right there on the scene that the other driver was cited for failure to yield. I have the citation number. I have photos of where his skid marks start — well past the stop line. I have a neighbor who was walking her dog and saw the whole thing.

Both our insurance companies took statements. Mine said I was not at fault. His carrier kept stalling and then basically went quiet. Fine, whatever.

Now — three months later — I get served papers. He is suing me for a significant amount of money, claiming he has ongoing back and neck injuries from the crash. The crash he caused.

Here's what's wild: at the scene he said he was totally fine, declined the ambulance, drove his own car home. Now suddenly he's got all these medical records from some clinic I've never heard of.

Meanwhile I've been dealing with real out-of-pocket costs — my car was totaled, I've been bumming rides to work, I had shoulder pain for weeks that I probably should have taken more seriously.

I called a few lawyers and got told my case wasn't worth their time because I don't have major injuries. But now I'm being sued — doesn't that change things??

I'm not a litigious person. I just want this to go away. Do I need my own attorney to defend myself? Does my insurance cover this even if they already closed my claim? Can his suit actually go anywhere given the police report and the citation?

Any advice or shared experiences would mean a lot right now. 😞

10 replies

Most helpful first

bold-fox-1285h ago
This is a classic move and it happens more than people realize. The at-fault driver's attorney is banking on you either not having representation or your insurance rolling over to make it go away cheaply. The citation against him is huge — don't let anyone tell you otherwise. Don't talk to his attorneys directly, not even once.
- quick-grouse-6675h ago
  First thing: call YOUR insurance company today and tell them you've been served. Like, today. Most standard auto policies include liability defense coverage, meaning your insurer is obligated to assign a defense attorney for you even if you weren't at fault. I processed hundreds of these. People don't realize their own policy protects them in this situation. The insurer has a financial interest in defending you too — if he wins, they may have to pay. So don't assume they washed their hands of this just because they closed the initial claim. Reopen it. Use the words 'I have been served with a lawsuit.' That triggers a completely different process internally.
- warm-grouse-0725h ago
  Stop spiraling and take three concrete actions right now: (1) Call your insurer and say the words 'I have been served with a civil lawsuit.' (2) Make a folder — digital or physical — with every single piece of documentation you have from that day. Citation, photos, witness name and number, your own medical records if any. (3) Do not respond to or contact his lawyers yourself for any reason. That's it. Everything else comes after those three things.
humble-lynx-5175h ago
Almost the exact same thing happened to me a couple years ago. Guy rear-ended me at a light, got a ticket, and then his girlfriend (who was a passenger) sued me six months later claiming whiplash. My insurance handled the whole defense once I told them about the lawsuit. It was stressful but I didn't end up paying anything out of pocket. You have to loop your insurance in immediately though — they can sometimes deny coverage if you wait too long after being served.
careful-vole-1585h ago
The police citation is a really significant piece of evidence. While it's not automatically 'proof' in a civil case, a defendant being cited at the scene creates a strong inference of fault that his attorney will have to work hard to overcome. Your witness is also potentially huge — get her contact info locked down now if you haven't already. Photos of skid marks establishing where he was when he braked matter too. Just make sure everything is preserved and backed up somewhere.
spry-bison-2605h ago
Not legal advice, but here's the practical reality: being sued as the non-at-fault party is more common than people think, especially when the at-fault driver has limited or no insurance and their attorney is working on contingency hoping for a quick settlement. The citation, the witness, and any documentation you have from the scene are your best assets. Definitely notify your own insurer immediately — that's step one. And if you feel your insurer isn't adequately defending you, a consultation with a PI attorney (many are free) can help you understand your options. You're not powerless here.
bright-wren-8165h ago
Please also go get that shoulder looked at properly if you haven't already. I know it's easy to push through pain when you're stressed about other things, but untreated soft tissue injuries can become chronic problems. Plus — and I say this practically, not cynically — documented medical treatment protects you too. If this goes anywhere legally, you want your injuries on the record, not his.
hearty-mole-1495h ago
What kind of insurance did you have at the time? Liability only, or did you have any kind of uninsured/underinsured coverage? That really changes your options here. Also — do you know if he actually had active insurance when the accident happened? Because if he didn't, his attorney filing suit against you might be a fishing expedition.
wise-swift-4265h ago
I'm so sorry you're dealing with this. You did everything right — you followed the rules, you filed properly, you have evidence — and now you're being punished for it. That is genuinely infuriating. Please don't give up. It sounds like you have a really solid paper trail and that matters.
steady-lynx-7425h ago
I know this feels overwhelming but honestly? The fact that he was cited, you have a witness, and you have photographic evidence of where he actually was when he braked — that's a much stronger position than most people are in when they get hit with something like this. His attorney likely knows that too. Sometimes these suits are filed hoping the other party panics and settles. Don't panic. Get your insurer involved and let them do their job.