Other driver lawyered up after the accident — now I'm scared we're getting sued

Oh wow, this happened to us almost exactly. The other driver was clearly at fault — ran a stop sign — and somehow they got an attorney first. Our insurance handled it and eventually the claim went nowhere because the evidence was so one-sided. I know it's terrifying but just because someone hires a lawyer doesn't mean they have a case.

This is actually a really common tactic. Some people (or their attorneys) will file a claim against everyone involved hoping that somebody's insurer just pays out to make it go away. The fact that they lawyered up doesn't mean they're right — it means they found someone willing to take a swing. Don't let it rattle you into saying or doing anything without talking to your own insurer first.

Former adjuster here. When I was on that side of things, we saw this constantly. An attorney contacts the opposing insurer almost as a fishing expedition — especially when there are any injury complaints, even minor ones, that showed up after the scene. Soft tissue stuff like neck soreness can turn into a claim weeks later. Your insurer has seen this play out a thousand times. Keep your documented evidence close: the police report, the witness info, any photos. That stuff matters a lot when adjusters are weighing the claim.

A few things worth knowing: your insurance company is now legally obligated to defend you under your policy — that's literally what you pay them for. They'll assign a defense if it comes to that. Also, the witness statement in the police report is genuinely valuable. Eyewitness corroboration of a red-light violation is not nothing. Make sure you know who that witness was in case anyone needs to follow up with them.

Just want to gently flag — please make sure your wife gets checked out if she hasn't already. Neck stiffness after a side impact can sometimes be more than it seems, and you want that documented by a doctor sooner rather than later. Both for her health and because if she has lingering issues, you want a medical record that connects them to the accident.

Not legal advice, but: the other driver retaining an attorney doesn't automatically mean a lawsuit is coming. It could just mean they're trying to negotiate through counsel. That said, given that there's now a formal attorney contact on record, it might be worth at least a free consultation with a PI attorney on your end — just so you understand your position. A lot of people don't realize their own insurer's defense attorney technically represents the insurer's interests, not yours personally. Worth being informed.

This sounds so stressful, I'm sorry you're going through it. You and your wife did everything right — called the police, there's a witness, the report backs you up. Try to hold onto that. The other side lawyering up feels scary but it doesn't change what actually happened at that intersection.

Step one: stop stressing about what might happen and call your insurance rep today to find out exactly what was filed and what their next steps are. You're paying for coverage precisely for situations like this. Step two: get that police report in your hands if you don't already have it. Step three: write down everything you remember while it's still fresh. That's your whole job right now.