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4 car accident-not my fault-getting sued

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litchfield

Junior Member
What is the name of your state? NJ

Way back in November 2003, I was a victim in a 4 car accident. Cars #1, #2 (me) and #3 were stopped in traffic on a highway, when car #4 was unable to stop in time and hit #3, who hit me (#2), and I, in turn, hit #1. Cars #3 and #4 were severely damaged and ultimately totaled, and my car sustained thousands of dollars of damage. Car #1 had very minimal bumper damage. Myself and the driver in #1 both complained of pain on scene, but refused treatment. I was forced to go to the emergency room the next day and had to pay some out of pocket expenses, as NJ is a no-fault medical state.

The police report puts all the blame on #4, for following too closely, though no summons was issued. The insurance companies agreed, and #4’s insurance paid all the bills without complaint.

Today, I received a notice of Civil Suit action from the driver of car #1. She claims to have sustained extensive injuries (not likely) and emotional distress (please). This is such a litigious society—it disgusts me. While I am sure that I could have taken action against #4, his insurance was cooperative and things were done to my satisfaction, so I didn’t feel the need. However, now I find myself being named (along with the other two drivers) in the lawsuit by #1.

I am terrified! I contacted my insurance, but don’t know what to do. Does she have a case and should I be really worried? Should I rely on my insurance or get a lawyer of my own? Regardless of the outcome, should I worry about a chain of lawsuits now from every driver in this accident? I hate the idea of frivolous lawsuits, but am I crazy not to file one of my own? Can I sue her for the emotional distress caused by bs lawsuits? :)
 


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ylen13

Guest
are you getting sued in small claim court? or did she get a lawyer. if in small claim court then just bring any proof that you have that it was not your fault and judge will dismiss the case. She only should be suing driver 4 and not anyone else.

disclaimer:not a lawyer, judge or a cop
 

JReyes

Junior Member
The thing with NJ is that every single lawsuit that gets presented winds up in court. NJ does not believe in frivalous lawsuit. :mad:

In NJ it is not possible to sue for emotional distress unless she has "no limitation on lawsuit". If she does have "limiation on lawsuit" then she can only sue for the amount of bodily injury she sustained and must prove to court every injury she sustained.

I wouldn't worry about it if I were you. What is she going to sue you for? For legally stopping in traffic, no. You don't have any contributing factors. Lawyers sometimes don't know what they are doing when it comes to vehicle accidents. He/She probably just named everyone just to try to milk everyone for money. Once you go to court your lawyer, provided by your insurance company, should clafrify all of this in court.

Please keep me updated on this as I would like to know how this ends up.
 
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ylen13

Guest
litchfield said:
Nope-not small claims court. SUPERIOR COURT! And she has a lawyer!!!
Sounds like she found a lawyer that will take any case he thinks he can win on and also name as many people as he can in the suit as its better to name someone and then take there name off then not name that person and not be able to add him latter as defendent.
 

litchfield

Junior Member
Sorry JReyes--I think I was having emotional distress when I posted the message. The thingy (you can tell I know a lot about the legal system) says "suffered severe painful bodily injuries, which necessitated her obtaining medical treatment and which caused her great pain and suffering." (let me reiterate my previous "oh please". So you are correct--it does not mention emotional distress. Sorry for the confusion. I'm distressed!! And my insurance company won't call me back!!

On another note, if this gets laughed out of court, could my insurance still go up as a result of them having to take care of these legal fees? What can I do about that--it's so not fair. I was a victim too!!!!
 

JReyes

Junior Member
No, your insurance will not go up because of that. It will only go up if they lose, your insurance company.

You might get off easy but vehicle no. 4 is in a heap of trouble. If they have sufficient coverage though then all that person really has to worry about is their rates going up for three years.
 

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