Can we be sued from another state for old rear end accident?

[steinwaybaby]

What is the name of your state? Arizona, from WA

Hi folks-2 1/2 yrs. back my husband rearended a car, in a sudden heavy downpour. His brakes locked up and he slid into this young woman's car, when she slammed on her brakes. The cops came and did NOT issue any tickets and marked on it 'no fault'. This is in Seattle, where is does rain a lot. She only had a dented rear bumper, as DH banked hard to the right to avoid her. He was driving our heavy work van. She has had some chiropractic care. Our insurance Allstate told us at the time that they took care of it. Now, over 2 yrs. later we get this letter stating that she is claiming 90,000. of damages [WTH?], and our insurance could only cover 25,000.
We've since moved to AZ, can she sue us across state lines if she's not happy with Allstate's offer of 25,000??
p.s. I would gladly trade her accidents-I've been in a horrible wreck myself on the freeway and was hospitilized and have been in intensive chiro/back care for years---and even with a lawyer I didn't get more than 25 g's myself....

 

[I AM ALWAYS LIABLE]

What is the name of your state? Arizona, from WA

Hi folks-2 1/2 yrs. back my husband rearended a car, in a sudden heavy downpour. His brakes locked up and he slid into this young woman's car, when she slammed on her brakes. The cops came and did NOT issue any tickets and marked on it 'no fault'. This is in Seattle, where is does rain a lot. She only had a dented rear bumper, as DH banked hard to the right to avoid her. He was driving our heavy work van. She has had some chiropractic care. Our insurance Allstate told us at the time that they took care of it. Now, over 2 yrs. later we get this letter stating that she is claiming 90,000. of damages [WTH?], and our insurance could only cover 25,000.
We've since moved to AZ, can she sue us across state lines if she's not happy with Allstate's offer of 25,000??
p.s. I would gladly trade her accidents-I've been in a horrible wreck myself on the freeway and was hospitilized and have been in intensive chiro/back care for years---and even with a lawyer I didn't get more than 25 g's myself....

My response:

Of course she can sue across State lines. State lines are NOT brick walls, and since the accident occurred in Washington State, and since your husband was availing himself of the laws of that State, he's liable to "answer" in Washington State, and he's potentially on the hook for all Civil damages - - even those beyond his coverage IF a jury awards damages in excess of his limits of liability.

IAAL

 

[steinwaybaby]

Thanks for your reply. Should we then transfer our assets into another family members name?

 

[I AM ALWAYS LIABLE]

Thanks for your reply. Should we then transfer our assets into another family members name?

My response:

And how would that help you?

You forget - - there would be a paper trail dated from a time during the litigation. Any transfer of assets could, and most probably would, be seen as, and reversed as, a "fraudulent transfer". So, that's not going to help.

However, this is one of the reasons why we have Federal Bankruptcy. If you believe that you could be "on the hook" for more than your liability limits of coverage, then you could file BK right now. Then, the other driver could only obtain the limits of your insurance coverage - - and that would be it.

IAAL

 

[steinwaybaby]

There is no litigation yet. Besides which, I recall an earlier thread in this forum advising a woman in CA to do just that-transfer her assets, including her house to a Family Trust. Why would my case be different?
p.s. Are you an attorney?

 

[Who's Liable?]

Contact a lawyer before you do anything drastic

 

[steinwaybaby]

Received call from ins. company rep.

Hi, just following up with an update. Our ins. company called and stated that the other car's driver, very young gal [18], has less than 10 g's of medical care, which primarily consisted of whip lash injury treat. Chiropractic, massage therapy and some acupuncture. Her car was fixed for several hundred dollars. There is no way on God's green earth she will ever collect the 25 g's of our policy, let alone the preposterous 90 g's her ignorant lawyer is promising her. I believe she should be compensated for her neck/back treatment and car. And that's it. I will very unlikely need to hire an attorney as the Ins. Co. will make her some offers and that's the end.
Thanks for your sarcastic, bitter attitudes and this will be the last time I come here for any [lack of] 'advice'. Too bad you can't actually BE a lawyer with any sort of knowledge. Then your life would be fulfilling enough that you wouldn't have to dump on strangers on message boards.

 

[I AM ALWAYS LIABLE]

Thanks for your sarcastic, bitter attitudes and this will be the last time I come here for any [lack of] 'advice'. Too bad you can't actually BE a lawyer with any sort of knowledge. Then your life would be fulfilling enough that you wouldn't have to dump on strangers on message boards.

My response:

What the hell are you talking about?

IAAL