Lawyer bogus claim?

[orbis]

What is the name of your state? Tennesse

A few months ago a pedestrian who was extremelly intoxicated ran into my car. It happened at night, in a poorly lit area, and he was jaywalking. I tried to avoid him right after I saw him, but ended up hitting him anyway. The case was investigated by my insurance, and they determined the pedestrian was at fault (also the police report supports this), and the case has been closed by my insurance.

However, today I got a letter from a lawyer representing the pedestrian, telling me his is investigating the incident.

This is my question: in his letter he tells me I am required by the law to notify my insurance of this claim. Is this correct under TN law? I just cannot imagined this is actually accurate, since this should be a matter between the insurance and the lawyer. Asking me to serve as his "assitant" by informing my insurance of this claim seems pretty farfetched, and I really doubt that I am "required by law" to do so.

Can you please advice is this is actually true? Thanks so much for your help in this matter. I look forward to your responses.

 

[moburkes]

The only way you have a chance to get this dismissed, is to inform your insurance company. They are already aware of it, and, in order for them to pay attorneys to defend you, is to notify them.

 

[orbis]

Thank you! But is it the lawyers responsibility to contact the insurance and do his job, instead of having me do it for him?

 

[seniorjudge]

This is a form letter generated by one of those outfits subscribed to by lawyers.

There's probably a whole load of crap in there.

Don't answer it in anyway.

 

[moburkes]

This is a form letter generated by one of those outfits subscribed to by lawyers.

There's probably a whole load of crap in there.

Don't answer it in anyway.

Why do you say that? Are you saying that he's searching for a client and someone to sue?

But, OP he doesn't need to contact your insurance company. He only needs to contact the person he's suing.

 

[orbis]

My friend, who is a law professor at a top Law School, tells exactly the same thing. That I should ignore it, and that this is another tactic used by many lawyers with nothing better to do. My undertanding is I should not be speaking to any lawyer or investigator at all.

 

[orbis]

Why do you say that? Are you saying that he's searching for a client and someone to sue?

But, OP he doesn't need to contact your insurance company. He only needs to contact the person he's suing.

I dont believe he is tryiing to sue me, but my insarance. This is a big business for lawyers trying to get anything from the insurance.

 

[seniorjudge]

I dont believe he is tryiing to sue me, but my insarance. This is a big business for lawyers trying to get anything from the insurance.

Did your insurance company run over this guy?

 

[moburkes]

Did your insurance company run over this guy?

Right. That lawyer is silly.

 

[orbis]

Did your insurance company run over this guy?

No, but this why you have insurance, no? to take care of you and any claims. shouldn't the lawyer be dealing directly with the insurance?

 

[moburkes]

No, but this why you have insurance, no? to take care of you and any claims. shouldn't the lawyer be dealing directly with the insurance?

This is what you're missing. The contract is between YOU and the insurance company. The lawyer is supposed to sue the person who caused the damage, not the insurance company that has a contract with that person. The insurance company did not run over someone. You, then, notify the insurance company, and they will take over FOR you, with your permission. However, the lawyer doesn't even necessarily KNOW who your insurance company is, or even, if you have one.

 

[orbis]

I just dont want to "break the law" by not reporting the claim. But I really want to make sure this is just his way of intimidating me, and sort of doing his dirty job.

 

[orbis]

This is what you're missing. The contract is between YOU and the insurance company. The lawyer is supposed to sue the person who caused the damage, not the insurance company that has a contract with that person. The insurance company did not run over someone. You, then, notify the insurance company, and they will take over FOR you, with your permission. However, the lawyer doesn't even necessarily KNOW who your insurance company is, or even, if you have one.

I doubt they dont my insurance since my insurance has made several attemps to contact the pedestrian with no response. Besides, I gave a detective (working for this lawyer) who called me once inquiring about my insurance, and I gave him all the contact information about the insurance, who never heard from the guy, months ago.

 

[moburkes]

Well, then, he's stupid. However, he is not required, by any law, to contact them instead of you, unless you specifically, explicity, in writing, tell them not to contact you directly.

 

[orbis]

Well, then, he's stupid. However, he is not required, by any law, to contact them instead of you, unless you specifically, explicity, in writing, tell them not to contact you directly.

ARe you saying that if I told him especifically not to contact me, I am off the hook about reporting this?
I just have a real problem helping at all in an incident in which I am not at fault, and is so obviously weak for this lawyer.