Being sued 2 years after car accident despite police report saying I wasn’t at fault
Location: Texas
I’m 28 years old. Before this, I had never been in a car accident—not even a small fender bender. Then about two years ago, I was involved in a serious accident, and now I’m being sued, and I honestly don’t know what to do.
I was driving through an intersection while exiting the freeway when another woman entered the intersection and hit me. To this day, I don’t know if she ran a red light or made an illegal turn on red, but at that exact intersection there is a sign saying no turn on red.
The impact was severe enough that my car spun multiple times and was completely totaled. I was injured, my leg was badly bruised and sore, and I had trouble getting out of my car. People passing by helped me walk out of my car and onto the sidewalk. Someone called 911.
The other driver stayed in her car. At one point I got worried she might be seriously hurt, so I asked someone nearby to check on her. I was told she was okay, but she was rude and didn’t want to talk to anyone.
When EMT arrived, she got out, got into the ambulance, and left. I stayed at the scene because I thought I needed to wait for police and exchange information.
I had never been in an accident before, so I had no idea what the normal process was. I was in a lot of pain, but I declined the ambulance ride because I had always heard ambulance rides were expensive. I waited around 4–5 hours for police, but they never came. During that time, my mother-in-law arrived to help me, we took pictures, and I signed paperwork declining EMS transport. I also got contact information from a woman who witnessed the accident. A bystander helped arrange towing because my car was destroyed.
Later that night, I went to the emergency room and didn’t get out until a little after midnight. I was exhausted, sore, in pain, and honestly just wanted to go home.
At the ER, I was told I needed to file a police report. I planned to do it the next morning, but because I was in pain, I waited an extra day before going to the police station.
When I went to file my report, the officer told me there was already a case because the other driver had filed first and claimed it was a hit-and-run.
I completely panicked. My car was completely totaled and undrivable. I had stayed at the scene for hours, had witnesses, signed EMS refusal paperwork, and was injured myself. There was no realistic way I could have “hit her and run” The officer told me this was serious, so I had to speak with the investigator and give my version of events, which I did.
A few weeks later, after another officer suggested I get legal help just in case, I hired a lawyer because I was terrified. Then the other driver changed her story.
My lawyer later told me that she updated her statement and no longer claimed I did a hit-and-run with my car. Instead, she claimed I fled the scene on foot.
That made absolutely no sense. I was injured and waiting on the side of the road for hours. I had proof I stayed because I signed EMS paperwork 4–5 hours after the accident.
After this, I started physical therapy for my injuries.
Then about a year later, the police investigation was finally closed. From what I was told, they found out the other driver had been on her phone while driving. Apparently, the friend she was on the phone with called 911 and said something along the lines of, “I was on the phone with my friend and she was just in a car accident.”
That was one of the reasons I believed things were finally over. The final police report stated that the accident was not considered my fault.
But then things got worse again.
About a year and a half later, my now-husband (we were not married at the time of the accident) got a call from his insurance company saying someone was trying to open a claim related to this same accident under his insurance.
That made no sense because that vehicle was never insured under him. His insurance denied and quickly closed it.
Then another year passed.
Now this woman is suing me, and from what I saw in the paperwork, it looked like she was seeking anywhere from $250,000 to $1 million.
hired another lawyer and then found out my original lawyer had apparently done nothing to move my case forward.
And now, yesterday, I got served AGAIN—this time by Allstate, her insurance company.
At this point, I feel terrified, confused, and honestly helpless.
I don’t understand how someone can give multiple conflicting stories, how this is still continuing after the police report was closed, or what I’m supposed to expect from here.
Is this normal in insurance lawsuits? I’m really scared and would appreciate any advice.