Jump to content


Photo

Accident more than a year ago, getting sued


  • Please log in to reply
5 replies to this topic

#1 shellb3

shellb3

    New Member

  • Members
  • 3 posts

Posted 12 February 2013 - 10:17 AM

My car was involved in an accident more than a year ago. Today I got served papers naming me as a defendant in a civil lawsuit.
There were 3 cars involved, the one that caused the accident, another that was knocked into my car when it was hit and mine.
The person suing was a passenger in the car that was at fault. I called her attorney thinking it was a mistake and he said they were suing all parties that were present even though it was his clients grandmother that was driving the car that caused the accident. She is also suing her grandmother.
He said she was even less of a victim than us because she was a passenger in the car. Im really not sure how he can differentiate her from us as we were all victims of her grandmother turning her car into traffic and causing this accident.
Her attorney said to give the papers to my insurance and they would handle it and I dont need to be involved. My insurance said that since they were at fault and paid for my car damages that a claim was never opened and I would have to open one which could affect my premiums depending on how much time and money that had to spend on this.
My first reaction is how are they allowed to sue the other 2 innocent parties? My second is, what are my choices? Im a single mom with 3 kids and cant afford to pay an attorney to defend myself against this frivilous lawsuit. Her attorney said if I dont address this the court will find in her favor with a 25K judgement against me.

#2 FindLaw_Amir

FindLaw_Amir

    Platinum Contributor

  • Moderators
  • 62,345 posts

Posted 12 February 2013 - 12:56 PM

What are you being sued for? Is this a personal claim against you? Have you addressed this concern with your auto insurance?
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#3 shellb3

shellb3

    New Member

  • Members
  • 3 posts

Posted 12 February 2013 - 01:26 PM

It is listed as the girl as the plaintiff with all other drivers and or car owners involved as defendants. It states she is suing all of us for her injuries sustained in the accident for an amount under 25K.

I have addressed with my insurance, they stated that since the other driver was at fault and paid for my car damages that a claim was never opened with my insurance and I would have to open one which could affect my premiums depending on how much time and money that had to spend on this.

#4 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,288 posts

Posted 12 February 2013 - 02:47 PM

I have addressed with my insurance, they stated that since the other driver was at fault and paid for my car damages that a claim was never opened with my insurance and I would have to open one which could affect my premiums depending on how much time and money that had to spend on this.


I am a 35 year veteran of the insurance industry.

Whoever you are talking to at your insurance is an idiot. I suspect you are talking to your agent and not the claims department.

Your insurance company owes you a defense and your rates don't have anything to do with how much the insurance company spends on it. If you were at fault there could be a modest surcharge. If you were not at fault the insurance company provides the defense and you don't get surcharged.

There should be a toll free number for your claims department. Call and report this. Get a claim number, a claim rep name, direct phone number, address and fax number. Fax the lawsuit papers ASAP. Keep copies. Call up in the next day or two to make sure they got it. Find out who the lawyer is that gets assigned. Keep in touch with the claims people every few days. Do not sit on your tush and expect things to just happen without you doing anything. Be aware of the deadline for filing an answer to the complaint and call up and make sure it gets done or that there is an agreement between the plaintiff's attorney and your insurance company's attorney to allow additional time for the answer.

My first reaction is how are they allowed to sue the other 2 innocent parties?


Not sure why people keep asking the how question when something has already been done. However, the answer is that anybody can sue anybody for anything and, in a lawsuit, you aren't innocent until you raise a defense and the court finds in your favor.

My second is, what are my choices? Im a single mom with 3 kids and cant afford to pay an attorney to defend myself against this frivilous lawsuit.


You have only one choice. Call the claims department, report it, and get the lawsuit papers faxed to the claim rep.

If it was your agent that was spouting drivel about your rates, stop talking to him/her and restrict any future conversation to your claim rep or the assigned attorney.

Her attorney said if I dont address this the court will find in her favor with a 25K judgement against me.


There's a lot more to it than that, but it's basically true.

If you have any more questions about any of this, come back to this thread and revive it.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 shellb3

shellb3

    New Member

  • Members
  • 3 posts

Posted 12 February 2013 - 03:00 PM

When I asked why were they able to sue since they were the negligent party I was thinking that due to the police report putting her grandmother at fault and ticketing her and identlifying the other vehicles as the victims I didnt think it needed to go to court. Her insurance company accepted fault as well. It seems a big waste of everyones time and it makes us trust the system even less than we already do.

Either way, I appreciate your knowledgeable response.

#6 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,288 posts

Posted 12 February 2013 - 04:15 PM

When I asked why were they able to sue since they were the negligent party I was thinking that due to the police report putting her grandmother at fault and ticketing her and identlifying the other vehicles as the victims I didnt think it needed to go to court.


A common misconception about police reports. The officer didn't witness the accident. His opinion about fault and citations is just that, opinion, and the police report is just a way to get his investigation on record. The police report doesn't bind anybody to its contents and is not admissable as evidence in court.

Her insurance company accepted fault as well.


Only for the purpose of paying the claim. Also not binding on anybody and not admissable in court.

It seems a big waste of everyones time and it makes us trust the system even less than we already do.


Defendants say that all the time. If you were the one that was injured you'd be first up to use "the system" to obtain compensation for your injuries.

Either way, I appreciate your knowledgeable response.


Any time.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users