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Per insurance investigation, accident not our fault. Can we still get sued?

by Lulu
(Los Angeles)


Hello Lulu,

They can still com after you if their attorney insists that it was your fault. If this is the case however, your insurance company has a duty to protect you (hire a lawyer for you). They will only hire a lawyer if the other party actually suits you.

It was not clear from your question whether this happened (that the other party has formally filed a lawsuit against you). You are saying that you are waiting for your lawyer to contact you, which again, they would not do unless there are legal proceedings against you.

Remember, the fact that someone has a lawyer does not make them right. They might come after you and lose in court. If you are not at fault (according to a jury), you should be okay.

The issue about the driver is somewhat of a concern because your insurance company could claim misreprentation or something to that effect to deny the claim and not provide you with a defense. If that is the case, check this page out: http://www.auto-insurance-claim-advice.com/Reservation-of-Rights.html

Remember that the insurance company must have substantial evidence that you were not driving and that there is a misrepresentation. Please talk to an attorney before you do anything at all.

Good Luck

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