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11-09-2005, 04:36 PM
| | Member | | Join Date: Jun 2003 Location: Georiga
Posts: 146
| | | Auto Accident now Lawsuit
What is the name of your state?Tn
About 1 year ago I had an accident. I was in the wrong I tried to make a right turn and a car hit us ( me and my daughter).Before the cops or anybody arrived at the scene he apolozied and said that it was his fault he couldnt slow down he was speeding, when the cops got there he changed his story as I expected him to. After we got back home from the hospital I contacted my insurance company and informed them of the accident and they took care of everything. I thought everything was done and over until this morning, my insurance comapny called me and told me that the other driver has filed a lawsuit against me and when I get served the papers contact them. The insurance company told me that they have been trying to work with this guy. At the time my policy was something like 100,000/50,000. My question is this something that I need to worry about?? I am in college fulltime I do not have a job, I dont own anything due to I dont have a job. Basically everything I have is through my husband. I am scared this was my first accident and will be my first lawsuit. What do I need to do?? Should I be worried about this??
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11-10-2005, 10:23 AM
| | Member | | Join Date: Oct 2005 Location: Arizona
Posts: 368
| | Quote: |
Originally Posted by kcs00 What is the name of your state?Tn
About 1 year ago I had an accident. I was in the wrong I tried to make a right turn and a car hit us ( me and my daughter).Before the cops or anybody arrived at the scene he apolozied and said that it was his fault he couldnt slow down he was speeding, when the cops got there he changed his story as I expected him to. After we got back home from the hospital I contacted my insurance company and informed them of the accident and they took care of everything. I thought everything was done and over until this morning, my insurance comapny called me and told me that the other driver has filed a lawsuit against me and when I get served the papers contact them. The insurance company told me that they have been trying to work with this guy. At the time my policy was something like 100,000/50,000. My question is this something that I need to worry about?? I am in college fulltime I do not have a job, I dont own anything due to I dont have a job. Basically everything I have is through my husband. I am scared this was my first accident and will be my first lawsuit. What do I need to do?? Should I be worried about this?? | What do you mean when you say the insurance company took care of everything?
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Those who don't learn from history are doomed to repeat it. |
11-10-2005, 02:53 PM
| | Member | | Join Date: Jun 2003 Location: Georiga
Posts: 146
| | | I gave the insurance company(progessive) all the info about the accident and they took care of trying to get the other drivers car fixed and basically settle the whole thing. I didnt know I had to do anything other than report it to the insurance company. They have been trying to work with this guy but he just doesnt want to. Im sorry but I have nothing to give but a pile of bills, I dont have a job,( currently looking). I just dont know what to expect. Will I have to go to court?? and hire an attorney??
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11-10-2005, 03:14 PM
| | | | Question: Did he suffer or claim to suffer any personal injury after the fact?
You asked: Will I have to go to court?
Since he has supposedly filed suit**************if the insurance company still does not settle up with him and he decides to take this thing to trial....yes, you will have to go to court.
You asked: and hire an attorney?
getting an attorney would probably be a wise thing to do since you were the one at-fault and the one being sued.
As long as you had coverage at the time of the accident (which you state that you did), your ins. co should pay the damages. If for some reason he is awarded more $$$ damages than your insurance will cover...there is a possibility that you will personally owe the balance. |
11-10-2005, 03:19 PM
| | | Sorry  , but I have another question as I think I may have misunderstood something.
Are you saying or implying that your insurance company will no longer deal with this guy any more, and now he is bringing a civil suit against you personally?
If so....get an attorney and quick! |
11-10-2005, 04:14 PM
| | Member | | Join Date: Apr 2004
Posts: 451
| | | There's no point in worrying about it but I realize that won't stop you.
Your insurance company will provide you an attorney. They will be defending you and their interests. |
11-10-2005, 04:30 PM
| | Member | | Join Date: Oct 2005 Location: Arizona
Posts: 368
| | Quote: |
Originally Posted by shellandty Sorry , but I have another question as I think I may have misunderstood something.
Are you saying or implying that your insurance company will no longer deal with this guy any more, and now he is bringing a civil suit against you personally?
If so....get an attorney and quick! | The insurance company will provide an attorney. Where did the poster indicate that the insurer wouldn't deal with the claimant anymore???
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Those who don't learn from history are doomed to repeat it. |
11-10-2005, 04:53 PM
| | | | InsuranceLady: You asked me: Where did the poster indicate that the insurer wouldn't deal with the claimant anymore???
First of all I did not say the poster said that. I was asking the question because I did not want to misunderstand.
As I was re-reading the original post , and the OP stated the following:
I contacted my insurance company and informed them of the accident and they took care of everything. I thought everything was done and over until this morning, my insurance company called me and told me that the other driver has filed a lawsuit against me and when I get served the papers contact them. The insurance company told me that they have been trying to work with this guy.
I have heard of filing suit against the insured's insurance company, but couldn't understand why she is being served papers personally unless the insurance company was "throwing up their hands as they were obvoiusly having no luck with this guy"
You know**************when you say something on this site that other people don't agree with.....YOU GET SLAMMED! So......then when you ask a question to the OP as to clarify any confusion**************.YOU GET SLAMMED!
What's the deal?
Just to clarify any other confusion: I never said hire an attorney....I said "get and attorney". I don't care how or where she gets one, but she is going to need one. |
11-10-2005, 05:19 PM
| | Member | | Join Date: Apr 2004
Posts: 451
| | Quote: |
Originally Posted by shellandty InsuranceLady: You asked me: Where did the poster indicate that the insurer wouldn't deal with the claimant anymore???
First of all I did not say the poster said that. I was asking the question because I did not want to misunderstand.
As I was re-reading the original post , and the OP stated the following:
I contacted my insurance company and informed them of the accident and they took care of everything. I thought everything was done and over until this morning, my insurance company called me and told me that the other driver has filed a lawsuit against me and when I get served the papers contact them. The insurance company told me that they have been trying to work with this guy.
I have heard of filing suit against the insured's insurance company, but couldn't understand why she is being served papers personally unless the insurance company was "throwing up their hands as they were obvoiusly having no luck with this guy"
You know**************when you say something on this site that other people don't agree with.....YOU GET SLAMMED! So......then when you ask a question to the OP as to clarify any confusion**************.YOU GET SLAMMED!
What's the deal?
Just to clarify any other confusion: I never said hire an attorney....I said "get and attorney". I don't care how or where she gets one, but she is going to need one. | You prove my point shellandty. You have no business giving advice on insurance matters if you couldn't understand why she was being sued personally. That's the way it works.
Oh, and she doesn't need to "get an attorney", she has one in the insurance company. |
11-10-2005, 06:03 PM
| | Member | | Join Date: Feb 2005
Posts: 303
| | Quote: |
Originally Posted by shellandty Question: Did he suffer or claim to suffer any personal injury after the fact?
You asked: Will I have to go to court?
Since he has supposedly filed suit**************if the insurance company still does not settle up with him and he decides to take this thing to trial....yes, you will have to go to court.
You asked: and hire an attorney?
getting an attorney would probably be a wise thing to do since you were the one at-fault and the one being sued.
As long as you had coverage at the time of the accident (which you state that you did), your ins. co should pay the damages. If for some reason he is awarded more $$$ damages than your insurance will cover...there is a possibility that you will personally owe the balance. | If the OP was insured at the time, and she said she was, then the insurance co will provide counsel for her...she does NOT need to hire an atty!!!! The Ins. Co. has attys on retainer. |
11-10-2005, 06:04 PM
| | Member | | Join Date: Feb 2005
Posts: 303
| | Quote: |
Originally Posted by shellandty InsuranceLady: You asked me: Where did the poster indicate that the insurer wouldn't deal with the claimant anymore???
First of all I did not say the poster said that. I was asking the question because I did not want to misunderstand.
As I was re-reading the original post , and the OP stated the following:
I contacted my insurance company and informed them of the accident and they took care of everything. I thought everything was done and over until this morning, my insurance company called me and told me that the other driver has filed a lawsuit against me and when I get served the papers contact them. The insurance company told me that they have been trying to work with this guy.
I have heard of filing suit against the insured's insurance company, but couldn't understand why she is being served papers personally unless the insurance company was "throwing up their hands as they were obvoiusly having no luck with this guy"
You know**************when you say something on this site that other people don't agree with.....YOU GET SLAMMED! So......then when you ask a question to the OP as to clarify any confusion**************.YOU GET SLAMMED!
What's the deal?
Just to clarify any other confusion: I never said hire an attorney....I said "get and attorney". I don't care how or where she gets one, but she is going to need one. | Okay, well, if you are telling her to "get an atty," then you are telling her to hire one! |
11-10-2005, 06:21 PM
| | | Sorry MandD, but maybe things are obvously different in your state, but I do have first-hand knowldege about this in MY state. I'll refrain from giving any more personal details. So, like I suggest in my signature: We'll just have to agree to disagree That's what mature adults do. No harm meant! 
OK....OK....OK...ALREADY!!! Since you people have nothing better to do than split hairs with me**************...I say CONTACT an attorney, have lunch, maybe dinner, maybe drinks JUST TALK TO AN ATTORNEY Call the insurance co. since they will provide one for her and GET his/her number and CALL THEM.
In addition MandyD: The only point of yours that I have proven is that you find out where I am on this site, you log on, and then you start mud-slinging. I have proved nothing more than your true character. Sorry original poster! I can't help it when other poster's chase me down and the whole subject gets way off of track! I do apologize sincerely. |
11-10-2005, 06:31 PM
| | Member | | Join Date: Jun 2003 Location: Georiga
Posts: 146
| | | to my knowledge the insurance company has and still is working on this claim. I dont know what the other driver is seeking. But the insurance agent told me "that we have been trying to work with this guy but it looks like he has file suit against you as soon as you get served the papers contact me". I dont know if that means they quit, or what. I dont understand why a suit was filed against me and not the insurance company. Thanks for all the advice.
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11-10-2005, 06:50 PM
| | | Kcs00,
As the original poster of this thread, you wrote most recently: Quote: |
I dont know if that means they quit, or what. I dont understand why a suit was filed against me and not the insurance company
| That was what I was trying to figure out long before this post got off of track, and again I'm sorry.
You say you had insurance, therefore, it kind of sounded like the insurance company gave up, and now the guy is comming after you. It also seems like the insurance co. isn't being of much help other than saying "hey, when you get served.....call us!" That just does not sound right to me.
Although other poster's state that "your insurance company will provide council for you", although that may be true, it doesn't seem as though they (the insurance co.) are "stepping up to the plate" to help you.
Maybe you could call around and get a "free initial consult" with an attorney in your area and discuss what exactly all of this means and what is going on.
Because you had insurance......I can't believe that he is comming after you personally. If that does end up being the case...I would get on the phone with the insurance co. that dealt with this in the first place and state something on the order of:
I paid for my insurance with your company, therefore......if this guy comes after me "personally" because you won't agree to settle with him**************I will possibly file a case against you. Based on your previous post of having $100,000.00/$50,000.00 This should be more than enough to cover damages.
Your state is different than mine, but I would do some serious proactive research about this case thus far, and question your insurance company to give you more details and why they won't settle with this guy.
Just my opinion, but based on the damages you reported, your insurance coverage seems to carry enough to cover it. I hope they don't come after your personally.
Good Luck! |
11-10-2005, 07:10 PM
| | Member | | Join Date: Feb 2005
Posts: 303
| | Quote: |
Originally Posted by kcs00 to my knowledge the insurance company has and still is working on this claim. I dont know what the other driver is seeking. But the insurance agent told me "that we have been trying to work with this guy but it looks like he has file suit against you as soon as you get served the papers contact me". I dont know if that means they quit, or what. I dont understand why a suit was filed against me and not the insurance company. Thanks for all the advice. | If you had insurance at the time of the accident, and the person files a bodily injury claim, the suit is against you and the insurance co. You will be served papers, but that doesn't mean they are coming after you personally. You are/were the policy holder, so therefore, your name is included.
Contact your insurance co again and speak to whomever is handling the claim (just call in and ask who the adjuster is and go from there).
Good luck to you! | |
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