The Shoulder
The Shoulder
46
clever-elk-997

Other driver is suing MY mom two years later — when my mom was the one who got hurt??

I genuinely don't know where to start with this so bear with me.

About two years ago my mom was in a pretty bad accident — someone blew a stop sign at a shopping center exit and slammed into her driver's side door. The other person behind the wheel had no business driving that car. No valid license, wasn't listed on any policy, and the registered owner of the vehicle didn't even show up until way later. When the owner did show up, suddenly the story started shifting about who was actually driving. It felt completely off to all of us at the scene.

My mom had a shoulder injury and a pretty rough time for a few months after. She went to urgent care and a follow-up or two but never really pushed to make a formal claim or get a lawyer involved. We kept telling her to, she kept saying she'd handle it, and honestly we dropped it.

Fast forward to last month — she gets served with a lawsuit. The registered owner of the other vehicle is now claiming she was injured in the crash and lost income because of it. The same person who wasn't even driving. The same person who showed up an hour after everything happened.

We are floored. My mom was the one who got hurt. How is this even possible? Do we have any way to fight this? Is there anything that could prove who was actually in that car at the time of impact — like the original police report or witness statements?

She does have auto insurance but I don't even know if they cover something like this two years later. Any help or experience with this kind of situation would mean so much right now.

13replies

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13 replies

  • 19
    calm-dove-673

    Not legal advice, but your mom needs to contact her auto insurance carrier today — not tomorrow, today. Even if the accident was two years ago, she was served with a lawsuit, and her insurer almost certainly has a duty to defend her under the policy. If she delays reporting it to them, that could actually create a coverage problem. The insurance company will assign a defense attorney. Beyond that, whatever is in the original police report — who was listed as the driver, witness names, responding officer's notes — is going to matter a lot here.

    • 6
      curious-commuter813

      Same boat here. Did anyone mention a deadline to watch out for?

  • 20
    wise-wren-055

    Something weirdly similar happened to a family member of mine. The other party waited until close to the statute of limitations deadline and then filed. It felt like a total ambush. What helped was that there were photos from the scene that clearly showed things inconsistent with the other person's version of events. Does your mom have anything like that — photos, texts she sent that night, anything timestamped from around the time of the crash?

    • 14
      curious-seal-255

      I'm so sorry your family is dealing with this. It's genuinely infuriating that your mom went through a painful injury, never made a big deal of it, and now SHE'S the one being dragged into court. Please just make sure she doesn't try to handle any of the legal pieces on her own — even responding to the wrong person at the wrong time can cause problems. Just be there for her and help her get the right people on the phone.

    • 1
      soft-spoken-sidewalk111

      Following up on this — any update on how it turned out?

  • 13
    kind-beaver-162

    The moment your mom reports this to her insurance, just know — the adjuster is going to be working to protect the insurance company's bottom line, not necessarily your mom's reputation or peace of mind. Be really careful about what she says in any recorded statement without having someone in her corner first. The other side filing this late and with a shaky story doesn't mean the insurance company will just shut it down without some pressure.

  • 24
    swift-finch-309

    I used to work claims and this kind of late-filed suit after a gap of two years is more common than people think, especially when the plaintiff is hoping the other party has no documentation left. Here's the thing though — if there was a police report taken at the scene, that report names the actual driver. Insurers and attorneys can subpoena those records. If the person now suing wasn't named as the driver in that report, that's a massive problem for their case. The story they're telling has to be consistent with what was documented in the moment, and usually it isn't.

    • 8
      daring-mole-355

      Three things, in order: 1) Call her insurance company and report the lawsuit immediately. 2) Do not let her talk to the plaintiff, the plaintiff's attorney, or anyone connected to the other side without representation. 3) Get the police report. Everything else flows from those three steps. The other party's story sounds shaky but that doesn't matter if your mom isn't organized and proactive about her defense right now.

  • 14
    brave-owl-743

    A few practical things worth tracking down if you can: the original police/incident report (you can usually request this from the municipality or police department that responded), any ER or urgent care records showing your mom was treated, and if anyone took photos at the scene. Also check whether your mom saved any texts or emails from around that time — sometimes people send a quick message to a family member right after an accident describing what happened, and that kind of contemporaneous record can actually carry weight.

    • 6
      calm-neighbor737

      This is exactly what I needed to read today. Thank you.

    • 6
      restless-backseat889

      Thank you both, this gave me the push I needed to make the call.

  • 10
    swift-lynx-268

    I don't doubt your mom's version of events, but I'm curious — was a police report actually filed at the time? And was the real driver cited or identified in writing? Because if for some reason the report was vague or incomplete about who was behind the wheel, that creates some murkiness the other side might try to exploit. The strength of her position really hinges on what the contemporaneous documentation says.

    • 6
      steady-commuter870

      Same boat here. Did anyone mention a deadline to watch out for?