Mirror of Justice - All about Law and More
*Home>>>Insurance Law

I just got served paper, whats going to happen? any advice?


2 years ago (summer of 06) i got in a car accident. we were at an intersection and the lady in front of me went when the light was still red. i didnt pay attention to the light and instinctively followed the lady. she hit the break (im assuming she realized the light was still red) and then i hit her from behind. we called the police. we both took partial credit for the accident. insurances were notified. i thought everything was taken care of now its 2 yrs later and im getting served for her damages, medical bills, lost wages, etc. I'm calling my insurance in the morning but for now is there anyone with advice, comments, suggestions. Thanks for the help guys.

im appreciating all the answers but i just need to add one thing. im a college student. i work 2 jobs. go to school. love with my family. i cant afford a lawyer. what now? im kinda scared.

Since you leave out what state this accident occurred in and where the suit is pending some questions can't be answered except as generalizations (i.e. can she bring the suit, is it timely (in NY, the time is 3 yrs post accident, other states its 2 years and in others it could be shorter or longer). As to whether or not she can win, there is not enough information to accurately answer your question (what are her injuries, what is required by your state to sue, what county are in you (sometimes that makes a huge difference), how long did she treat, how bad was the hit, did she loose time from work, etc.) at this stage. The best answer is maybe.
From a liability (who's fault was the hit) standpoint, without knowing more than you have provided, the rear impact to the car the lady was in puts that in her pocket as a sold win (even with an explanation for the hit by you (your inattention works against you and doesn't excuse the hit) that is excusable, she will still be successful in a suit. Damages (pain and suffering, injury, lost earnings) cannot be determined on what you know at this point in the litigation.
You need to contact the insurance carrier you had 2 years ago (summer 06) and advise that you have been served with suit by lady on such & such date. The carrier will ask that copies of the documents be sent to them. You can also ask your insurance broker to contact your insurance carrier for you (but really, it's better to just do it yourself the same way you would if you had an accident). DO NOT WAIT TO NOTIFY THE CARRIER; IF YOU WAIT, YOU RUN THE RISK OF THE CARRIER DISCLAIMING COVERAGE AND NOT DEFENDING YOU or DEFENDING YOU BUT REFUSING TO PAY IN THE EVENT THE SUIT IS SUCCESSFUL. Once the insurance carrier has had an opportunity to review the documents, the carrier will likely contact you for additional information and will forward the documents to their attorneys for handling. You will receive correspondence from the attorney for you at the insurance company who will defend you. YOU DO NOT NEED TO HIRE AN ATTORNEY.
IF THE CAR WAS NOT REGISTERED IN YOUR NAME AND YOU WERE ONLY THE DRIVER, YOU WILL STILL BE COVERED BY THE INSURANCE CARRIER FOR THE CAR. CONTACT THE OWNER AND CONTACT THE CARRIER (THE INSURANCE INFO SHOULD HAVE BEEN ON THE POLICE REPORT).
She will, however, as part of her suit STILL need to establish the nature and extent of her injuries (your attorneys will suss that all out) to actaully win any $.
It is difficult to say if she will be successful in her suit without knowing the laws of your state. In many states, you must met a certain "threshold" to be successful and even in those instances where you don鈥檛 met the threshold, the carrier will sometimes still pay as it is simpler to make the problem go away than defend.
Your insurance carrier and insurance provided attorney will handle 99.5% of the details involved in this claim brought by the lady. You are responsible for the 0.5% that requires your cooperation; you will need to provide them with certain information, respond to letters and/or phone calls, and may/or may not need to appear at a deposition (that's likely quite some time from now).
So long as you timely notify your carrier of the suit being served and cooperate with them, the carrier will take care of all the details and your policy will make any payment when/if the matter is settled with the lady. If your policy will not cover the anticipated settlement (i.e. based on her claimed injuries, and claimed demand for damages it will be Y dollars but your policy only covers X dollars), your carrier will advise you to seek an attorney to protect your interests from X dollars to Y dollars (THIS IS RARE and I would not lose sleep over this possibility at this point.) Worry about it if and when it happens. The vast majority of carriers will cover their insureds for the difference about policy limits if necessary (it makes them look good).

Just call your carrier and let them take care of the details. Respond when they contact you and all else will be fine.

she's suing your insurance, not "you".
car accident cases can go on for up to about 5 years (mine did) it's never as bad as the documents seem, relax.
you won't really be doing anything, your lawyer will do it all. all you have to do is talk to your attorney, no big deal really. I know it seems scarey and all that, but it really isn't.

I was rear-ended on the way to work and after we came to an agreement, I had to sign a waiver that released the other driver from any and all future liability (i.e. damage to the car, injury, missed work, etc.) Did your insurance company get one of these forms signed? And check the statute of limitations in your state - after so long, you can not persue legal action against someone. I would consult with your insurance and an attorney and get together all the paperwork you have regarding the accident. Good luck!

Call your insurance company immediately - don't wait. Your ins company will represent you in any court action, since they have a lot at stake here - probably more than you do. Doesn't sound like a major accident so I doubt that any damages awarded to the other party will exceed your liability coverage. Good luck.

Your insurance company has lawyers who will probably defend this. If the insurance company paid out and she settled, then she's just looking for money and will lose.

In the future, don't just assume everything is taken care of. Nobody will look out for you and your interests except for you.

Call the local court house and get that police report. If it says anything about you guys agreement then you won't even need a lawer!! If insurance claims are not filed in the first 24 hours then you can not file a claim!!

Did your insurance co take care of your car? If not the 2 insursnce co.s probly didn`t pay for either car and said you both take care of your own and if so she is SOL

1) get a lawyer. she is gonna sue you

Tags
  Legal Ethics   Landlord and Tenants   Labor Law   Juvenile Law   Investment Law   Intellectual Property   Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law
Related information
  • Dentist overcharged me by $700?

    talk to the office manager first, if that doesn't help talk to the dentist, if they don't want to help you report this to the best business burial so they can get them in check , finally...

  • I want to get emancipated, but i have no idea what i'm doing, help?

    In order to be emancipated,you have to prove to a court that you are fully able to support yourself. That means paying rent,food,utilities,car expenses,etc. As far as the Social Security money go...

  • Ohio teen lets unlicensed teen drive, gets in accident, lies to police, who's liable? What's next?

    If he is required to appear in court, hire an attorney. The kid who let him drive may lose his license for allowing an unlicensed driver to operate the vehicle. The insurance company can (and proba...

  • Being sued due to car accident?

    First, get a copy of the original accident report filed by the police. Then consult an attorney. The attorney will probably send a letter to lawyer representing the person suing your husband expl...

  • Cant get a lazy constable to serve this guy so when can go to court!?

    It will cost you, but approach the court the case was filed in, and pay for the services of a local server. It does not necessarily have to be served by a constable. In other words, 'fire�...

  • 18 years old just got my first speeding ticket, what should I do?

    Here's a no hatred answer. Going 64km in a 40km zone is criminal. If it's in a residential zone, I, as a judge, would revoke your license for one year. Pay the fine and stay within the ...

  • My Dog Scard A Bystander and he jumped on car and caused MINOR DAMAGE?

    There are a lot of questions in here. When you say the owners are "making you pay" does that mean they have a court judgment against you? Or did they just send you a letter demanding tha...

  • Will I get put in foster care?

    Foster care? What family wants to be burdened with all that? You may have to worry a little bit more, like house arrest or juvenile hall. The world is not waiting for you and your need for spee...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster