Fender Bender Claims Question

Xede1975 · #1 02-01-2008, 09:33 PM

What is the name of your state? Utah

Situtation: In December 2003, I had got into a minor fender bender in a snow storm. I rear ended a Surburban at5-8 MPH. It was estimated $200 damage to my Toyota while no damage was estimated. Anyway, police were called, a report filed, no injury at the time. I immediately called my insurance company, determined it was my fault regardless of weather, and easy close out. 10 minutes later, appearently, she had to go to ER. My insurance said at the time not to worry.

Oct 2007--I am in the military and have been in NJ since Feb 2004. I received a call from my insurance who gave me an update. Appearently, the girl wanted $10K for medical, etc, but my ins gave them like $2k. Now (Oct 07), the insurance wrote to them to let them know they were closing the case (UT stature of limitation is 4yrs) and suddently, she retained a lawyer. When my insurance talked to the lawyer, the girl had been going to physical therapy for 4 years on and off and want more for medical bill. They were supposed to mail the insurance company all the bill but have not. Neither the girl or lawyer have responded to my insurance company's call. My insurance company called me to let me know if they don't respond, then they will close the case. However, for me to look out for any type of "summons"

My questions are: Can the girl's lawyer be cooking up something to bypass my insurance and try to sue for the $10K+ medical bill?

2. Since I no longer live in UT nor did I leave a forwarding address, can they try to initiate a public summons and since I don't respond, failed to show up to court, lose by default?

3. Should I get a lawyer in UT even though I haven't seen anything yet?

4. If i should get a lawyer, can I counter sue for them stressing me out over this crap? I'm supposed to be fighting a war and meanwhile I'm sitting here worrying, if I'm going to be sue by girl who magically have crazy neck/back injuries an hour later after the accident while she was in a big truck getting hit by tiny coupe?

ecmst12 · #2 02-01-2008, 10:04 PM

If they sue, your insurance will provide for your defense. All you have to do is make sure you inform them as soon as possible if you receive a summons. Don't worry about it.

If they paid her $2k already, then she should have had to sign a release from further liability, which would bar her from suing. I don't know why they would have paid her anything without that release.