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aculv81

Accident suit

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Hello, 

 

In January of this year we were involved in an accident that resulted in our car being totaled! 

 

The details of the accident are as follows; A young lady ran a red light and we struck her car in the left rear passenger door/quarter panel. She was recently involved in another accident 2 weeks before this incident. 

 

She is now suing us for damages, assuming. Our court date is in July. The accident report states that we hit her in the rear and both drivers were inattentive. 

 

What course of action is appropriate here? She is obviously fishing for reimbursement of damages but she ultimately ran the red. 

 

Any and all info is greatly appreciated! The incident occurred in NY.

 

Best Regards

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"What course of action is appropriate here?"

It's not really clear what you expect folks to say, but one presumes you will dispute liability.  You don't bother mentioning your insurance company being involved (if so, its obligation is to respond to the suit), but you have a finite length of time to respond to the suit and you should seek local counsel.

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I'd like to think the attorney would explain what you need to know, and that you can expect him/her to file a motion to dismiss and possibly a countersuit.  You can expect to go to trial (unless she withdraws the suit). 

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This response is NOT intended to create an attorney-client

relationship.

 

Was the case filed in Small Claims Division or regular

division of Court?.  Lawsuits based on negligence allegations

in some states are not always easy to get dismissed without

a trial taking place, even if Summary Judgment procedures

are available. Did the insurance company's attorney take

the other driver's deposition yet?  

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She is now suing us for damages, assuming. Our court date is in July.

 

In any given lawsuit, there many be any number of "court date."  What is scheduled to happen on the court date in question?

 

 

 

What course of action is appropriate here?

 

I'm not sure what you expect anyone to say other than that you should have a lawyer, which you said in a follow up post that you do.

 

 

 

I'm actually just curious to know the process and what to expect.

 

The "process" depends on the particular court in which your case is pending.  Have you countersued?

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