Being sued?!

[rpb_vic]

What is the name of your state? Virginia

Five months ago my wife was involved in a three-car collision. V1 crossed the center line on a two-lane road and hit V2 head on and V3 (my wife's car) then hit V2 in the rear. The driver of V1 was ruled at fault but now the driver of V2 is suing my wife for rear-ending her. I don't make a lot of money and I am scared that we're gonna be sued for everything that we own. Is there a limit as to what the driver can claim? Can I do anything to help my case?

Also, my wife received a letter in the mail from V2's attorney requesting information on my wife's vehicle, accident details and our insurance coverage limits. I told my wife not to respond to the letter right away as I want to discuss this with a lawyer (appt. on Tuesday) to find out how to proceed. Is that the right thing to do? I am stationed overseas and I can't be there to give my wife advice or support her at all which really kills me.

Lastly (thank you for reading this far), if the car is registered to my wife can I be sued as well or just my wife? She makes less than I and it would devastate her to lose everything in her name and even more so if we were to lose our home. Please help us.

Thanks for your advice!

 

[CourtClerk]

What is the name of your state? Virginia

Five months ago my wife was involved in a three-car collision. V1 crossed the center line on a two-lane road and hit V2 head on and V3 (my wife's car) then hit V2 in the rear. The driver of V1 was ruled at fault but now the driver of V2 is suing my wife for rear-ending her. I don't make a lot of money and I am scared that we're gonna be sued for everything that we own. Is there a limit as to what the driver can claim? Can I do anything to help my case?

Also, my wife received a letter in the mail from V2's attorney requesting information on my wife's vehicle, accident details and our insurance coverage limits. I told my wife not to respond to the letter right away as I want to discuss this with a lawyer (appt. on Tuesday) to find out how to proceed. Is that the right thing to do? I am stationed overseas and I can't be there to give my wife advice or support her at all which really kills me.

Lastly (thank you for reading this far), if the car is registered to my wife can I be sued as well or just my wife? She makes less than I and it would devastate her to lose everything in her name and even more so if we were to lose our home. Please help us.

Thanks for your advice!

Is there any reason in this whole wide world that you don't just turn this over to your insurance company and be done with it? That is what you pay them for.

 

[racer72]

Contact your insurance company asap. They will supply you with an attorney that will represent you up to your policy limits. It appears the driver of V2 is suing everyone hoping for a big pay day.

 

[alnorth]

You need to call your insurance company immediately, otherwise, what exactly are you paying those premiums for? Your insurance company will give you a lawyer. I dont think V2 is looking for "a big payday", he is simply sueing everyone because for all he knows, V1 could be uninsured and broke, they can always drop people from a lawsuit and/or settle later. If I was V2, I'd probably end up (through my lawyer) at least contacting everyone involved to talk settlement.

In your case, V1 obviously has far more liability than your wife, so you wouldnt be liable for much (if anything). How high are your limits, and how much damage is V2 talking about here? Any bodily injuries?

 

[rpb_vic]

Thanks!

I haven't turned this over to my insurance company yet because my wife just received the letter from V2's attorney in the mail this past Friday. My intent with the post was to get a concensus as to what I should do and the far-ranging impact of the accident. Obviously, I will contact my insurance company tomorrow and let them know what is happening. Thanks to all who responded. I sincerely appreciate your time and efforts.

As far as V2's claims, there was no mention of that in the letter from V2's attorney. The letter simply listed my wife as a defendant and requested accident and insurance information from my wife. Our liability limits are within the limits required by the state. Regarding damages, V2's vehicle was totaled and I am fairly certain that there was bodily injury but I do not know the extent of injuries suffered by V2. My wife suffered minor injuries but her vehicle received substantial damage.

I believe that I am a reasonable person and perhaps I am being naive, but I do not believe that V1 caused the accident with malicious intent or forethought and we do not intend to sue any party involved in the accident. We do however intend to defend our interests from others who wish to deprive us from them.

Again, thank you for your responses!

 

[ecmst12]

Your wife is responsible for SOME of the damage to V2 (that to the rear of the car) and some of V2's injuries as well. If the rear end impact was enough to total your wife's car, it was probably also enough to contribute noticeably to any injury to V2's occupant. It may or may not be possible to separate the injuries, but the insurance companies will settle on a percentage of fault to both V1 and V3.

Whether the accident was malicious is irrelevant; V1 caused damages to V2, so V2 should be seeking to recover those damages. V1 did not damage your wife's vehicle at all, her rear ending V2 was entirely her fault and she is liable for her portion of the harm done to V2, an innocent victim of unfortunate circumstances. V1 is not responsible for your wife's damages; had she not been following V2 too closely, she would have been able to avoid hitting her. The only way I could imagine this NOT being the case would be if the impact of V1 hitting V2 head on actually propelled V2 backwards into your wife's car.

However, I would definitely suggest not communicating with the lawyer at all. Turn it over to your insurance company and let them handle it, they can decide whether they want to release your policy limits to them (probably not), and they will defend you against any claim. There will most likely be no lawsuit and the parties will reach a settlement out of court.