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Old 07-02-2004, 02:23 PM
bhiya
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Auto Lawsuit Question


What is the name of your state? Texas

I was recently served papers regarding an auto accident in 07/02. The party that is claiming injuries was a passenger in the vehicle. At the time of the accident there was no damage to the other vehicle, other driver's car already had significant front end damage from a previous accident (the driver stated this to me and policeman at time of statement). Only wheel rim bent on my vehicle. The other party vehicle owner, filed for damages to their vehicle that were already existing and unfortunely the insuror did not investigate and they were paid. I notified the fraud department of then insuror (Allstate) and they researched the matter and verified that damage was from a previous accident in January and denied all other claims submitted by driver for damage and injury. The driver tried filing suit twice with two different lawyers and was dropped by both. Now his female passenger is trying to file suit (two year timeframe ends 07/05). I just switched from Allstate in April, but have insurance with Geico. Is the insurer of record at the time of accident, responsible for settling this matter or Geico? The fraud investigator who I corresponded with before, informed me two weeks ago that suit had been filed, and I was served papers today. He stated they were prepared to defend the matter in court, but I want to be certain that this should be the case. Thanks.
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Old 07-02-2004, 02:26 PM
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Join Date: May 2000
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Quote:
Originally Posted by bhiya
What is the name of your state? Texas

I was recently served papers regarding an auto accident in 07/02. The party that is claiming injuries was a passenger in the vehicle. At the time of the accident there was no damage to the other vehicle, other driver's car already had significant front end damage from a previous accident (the driver stated this to me and policeman at time of statement). Only wheel rim bent on my vehicle. The other party vehicle owner, filed for damages to their vehicle that were already existing and unfortunely the insuror did not investigate and they were paid. I notified the fraud department of then insuror (Allstate) and they researched the matter and verified that damage was from a previous accident in January and denied all other claims submitted by driver for damage and injury. The driver tried filing suit twice with two different lawyers and was dropped by both. Now his female passenger is trying to file suit (two year timeframe ends 07/05). I just switched from Allstate in April, but have insurance with Geico. Is the insurer of record at the time of accident, responsible for settling this matter or Geico? The fraud investigator who I corresponded with before, informed me two weeks ago that suit had been filed, and I was served papers today. He stated they were prepared to defend the matter in court, but I want to be certain that this should be the case. Thanks.
**A: Allstate.
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