Can I Be Sued For This?

Sounds like she was just trying to play you. Some people...

That's my take on it too.

Insurance companies NEVER admit liability, even when they pay a claim. tell her to eat sh!t and die.

Hey, I thought you were the lawyer.

No, I investigate their shenanigans. I know a lot of law generally, but not some of the finer points.

yeah, what wilso said.

tell her to go suck donkey dong.

Oh. Sorry about the bad assumption. No slander intended.

Get an affidavit from the witness and present this as your defense. Small claims means just you and she locked in combat. There had to be a reason for your insurance NOT paying. They must have felt you stand in a pretty good position. Why not just agree with them .
Can you explain this to a thirteen year old so it doesnt leave me with your final statement being"...causing me to hit her?..."

Didnt she make a U turn into you?

She made a U turn directly (literally two feet in front of my hood) in front of my oncoming vehicle. There was no way to avoid her.

I'm inclined to go with the "go suck donkey dong" defense.

Of course he can as unreasonable as it sounds. This is true - I once served on a jury where a motorcycle driver was suing an elderly couple because of an accident. It was so ridiculous. This is what occurred and was agreed on both sides about the accident. It was early morning on a quiet road. The elderly man was driving to the train station with his wife when he noticed a motorcycle heading towards him was driving erratically. He pulled over as far to the right as he could and stopped. The motorcycle hit his car and flipped over. The motorcycle driver was severely injured and spent a long time in the hospital. This motorcycle driver sued them for medical costs and pain and injury.

During the trial, a police officer testified (who was also a friend of the motorcycle driver) and basically said it was the motorcycle drivers fault. That the way all the vehicles were laid out when he got there that agrees with how the accident occurred. And you would think this was an open and shut case. A few boneheads though said stuff like - well I have friends who drive motorcycles and it's dangerous. That guy should have beeped his horn to warn him. I couldn't believe they were even considering to lay any blame on this poor couple. It was obvious why the guy was trying to sue - the couple looked very well to do. Finally the more sensible jurors decided on a compromise - we would say that the couple was some what at fault (for not beeping the horn at the moron), but that the motorcycle driver would be at a higher percentage at fault. That way the moron would not get a cent.

When we came in from deliberating, the judge first asks if you find the default at fault (any level of fault). We said yes - I swear I saw $$$ flashing in the eyes of the motorcycle driver's lawyer. Then just as fast his face fell when we said they were like 5% at fault or something like that. What killed me is this poor couple had to hire and shell out money for a lawyer for simply being in the wrong place at the wrong time.

You mean that she began her U turn somewhere and would up just a few feet in front and to one side of your car so you could not avoid hitting her? Sounds like you have a reasonable claim.
Your writing style now seems funny (strange). Did you twist your arm or neck when she caused you to hit her? I hope you got treatment for it. These things can cause trouble down the road.
SHow er what to do with a Hardy hole.

Don't talk to her.

Your insurer should be dealing with all of this.


<Wilso's wrong. Insurers admit liability every day>

Re: Can I Be Sued For This?

I assume you mean "arbitration," not "subrogation."


Presumably, your insurer denied liability because it believed (as you do) that you were not at fault for the accident. You shouldn't be dealing with her -- all of this should be handled by the insurers at this point. She should pound sand.

Is California a no-fault state?


Yes, your insurer is obligated to provide you with a defense. That's part of your policy. If you get sued by the other driver, your insurer will provide defense counsel and pay for it.

Can anybody be horsewhipped in this case?

I think it's a shame that horsewhippings have almost disappeared.

Thanks, joe. That's pretty much what I thought, but thinking you know something and actually knowing are 2 different things!

Let me add my voice to the chorus.

1) your carrier should be handling this. No side deals. That's bogus.
2) the other driver can go pound sand.
3) horsewhipping sounds good.

shouldn't that be buggywhipping?

so, no one besides me and blacksmithn thinks she should go suck donkey dong?

That would show her.

They don't here. Never, ever, ever.