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Does he have a case?

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catharinej

Junior Member
What is the name of your state? Florida

I was indirectly involved in an accident last Sept. Two motorcycles were traveling side by side in the center lane og I-95. I was about two car lenghths behind them in the right hand lane, also going 60. We had been riding like this for several miles. A van in the left lane by passed the motorcycles and hit the one on the left. His motorcycle then hit the other motorcycle and both riders fell off their bikes. The riderless motorcycles were still going forward (though starting to fall over) and crossed into my lane. In order to avoid running in to them or being hit by a tractor trailer that was behind me, I headed for the right shoulder. My car came to stop about an inch short of hitting one of the motorcycles that had also finally come to a complete stop. At no time did my car contact either motorcyclist directly or indirectly. I was not ticketed or anything. My car was slightly damaged (paint scratched) by one of the two motorcycles.

Now my insurance company is telling me that one of the injured bikers hired an attorny and they have file a personal injury claim against me. Florida Highway Patrol did not fill out an informative report (according to my insurance company and the van's insurance company (who paid for the damage to my car).

My question is, how can they file a claim against me when I had nothing at all to do with the injury? If I have to get a lawyer and it is proven I had nothing to do with it, will the other side have to pay my legal fees?

Thanks

catharineWhat is the name of your state?
 


moburkes

Senior Member
You don't say what the police report DID say, however, just present the information to your insurance company and they will provide the lawyer for you.
 

catharinej

Junior Member
"You don't say what the police report DID say, however, just present the information to your insurance company and they will provide the lawyer for you."

I haven't seen the police report. This is what appeared in the newspaper - I wasn't even mentioned:

"TRAFFIC
A crash on I-95 involving a van and two motorcycles left one cyclist with critical injuries and another with serious injuries. ______ 75, of Jacksonville was driving a Toyota van north of Blue Heron Boulevard at 8:30 a.m. when she changed lanes and hit a Honda motorcycle driven by_______, 52, of Fort Lauderdale, according to a Florida Highway Patrol news release. The motorcycle then collided with a Suzuki motorcycle driven by _____, 48, of Fort Lauderdale. Both cycles overturned and ___ and _____ were thrown off. ____s' injuries were described as critical and ____s as serious. _____and a passenger suffered minor injuries, according to the release."
 

ForFun

Member
Now my insurance company is telling me that one of the injured bikers hired an attorny and they have file a personal injury claim against me.

My question is, how can they file a claim against me when I had nothing at all to do with the injury?
What does the Complaint state? That document will tell you why you're being sued.

If I have to get a lawyer and it is proven I had nothing to do with it, will the other side have to pay my legal fees?
Not unless the judge believes the lawsuit was filed in bad faith.

Hopefully your insurance company will pay for everything. Good luck.
 

catharinej

Junior Member
"Hopefully your insurance company will pay for everything. Good luck."

Thanks, but my insurance company should not have to pay a cent. My car was hit by a riderless motorcycle - my car did not hit anyone or anything. That's the point here.
 

moburkes

Senior Member
"Hopefully your insurance company will pay for everything. Good luck."

Thanks, but my insurance company should not have to pay a cent. My car was hit by a riderless motorcycle - my car did not hit anyone or anything. That's the point here.
They pay your attorney's salary. This, based on the information that you provided, is just something that needs to be corrected/straightened out. This is what you pay them for. As I said, turn this over to them and let them do your job, which is defending you against a baseless lawsuit.
 

ForFun

Member
"Hopefully your insurance company will pay for everything. Good luck."

Thanks, but my insurance company should not have to pay a cent. My car was hit by a riderless motorcycle - my car did not hit anyone or anything. That's the point here.
You misunderstood me. Let me clarify: Since you cannot demand that the plaintiff pays for your legal defense even if his case against you is dismissed (unless it was filed in bad faith), hopefully your insurance company will pay your legal fees for you so that you are not stuck with the bills.
 

tigger22472

Senior Member
I cannot say for sure that this is the case in Florida but you need to look into other cases. I can tell you from experience that in my particular state when there are multiple parties involved in an accident, initially ALL involved are named as defendants and as someone said, your insurance company should take care of this for you.
 

catharinej

Junior Member
I spoke to the Insurance Company rep wwho is assigned this case. He told me that they don't know what the claim is based on and that they have tried contacting this personal injury attorney and cannot get in touch with him. They leave messages and he does not return the calls. The first time I spoke with my rep he mentioned that the FHP police report was very vague. I told him that there was a vehicular homicide investigator as well and he gathered quite a bit on info and photos. My insurance company wasn't aware of that so they pursued it and have ordered a copy of that report. I can probably relax and not worry so much now. Like Tigger 22472 said, its probabaly just because I was involved.
 

tigger22472

Senior Member
I spoke to the Insurance Company rep wwho is assigned this case. He told me that they don't know what the claim is based on and that they have tried contacting this personal injury attorney and cannot get in touch with him. They leave messages and he does not return the calls. The first time I spoke with my rep he mentioned that the FHP police report was very vague. I told him that there was a vehicular homicide investigator as well and he gathered quite a bit on info and photos. My insurance company wasn't aware of that so they pursued it and have ordered a copy of that report. I can probably relax and not worry so much now. Like Tigger 22472 said, its probabaly just because I was involved.
I can't swear that it's like this but in 2003 my sister was in a 5 car accident. She was the 4th car hit and her car stopped the guy (last I hear they think he had a seizure). Her car title was in my parents' names. A woman died in the first vehicle he hit. Her family sued on behalf of her son and everyone involved AND the owners of car were initially sued. It took a while through the court system but charges were dropped against my parents and sister and the insurance company took care of all of it.
 

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