Litigation

[Sfall]

What is the name of your state? I need a little advice............
My daughter and I are being sued for a car accident that happened two years ago. My seventeen year old daughter (at the time) was driving her car and hit a car from behind, who in turn hit the car in front of them. She was going fifteen miles hr. The other drivers were stopped. We knew it was her fault from the beginning and our insurance paid for the repairs on both cars and one driver filed a medical claim, which was paid at the time. The twenty year old girl who was in the front car filed the medical claim for her hurt arm. She was also a few months pregnant at the time and on her way to work. She is now suing us and is requesting a jury trial, on the grounds that she has been unable to work for the past two years and her common law husband (twenty-three now) claimed that she hasn’t been able to perform her wifely duties so he’s jumped on the band wagon with a claim of loss of consortium due to an injury on her arm. The strange thing her baby doesn’t have this mans last name. I’m not sure he was her common law husband at the time of the accident.
Now here’s where it gets confusing, the police gave my daughter a ticket for not controlling her vehicle and asked if anyone was hurt at the time of the accident, everyone was fine. No ambulance was called. I’m planning on getting a Lawyer Monday and not settling but was just wondering how these fibulas law suits get to this. I’m sure the young couple needs money. How far do you think they’ll get?

 

[lwpat]

In America anyone can sue anybody over anything. Your insurance carrier is still on the hook for this accident so you need to forward the lawsuit to them immediately. They are responsible for defending the suit.

 

[Sfall]

By the way I'm in Texas, Thanks for your reply. As we all know, we should carry the max amount of insurance and of course I don't. I just have 20/40 for bodily injury and the suit is for 100. Wouldn't my insurance company just be concerned with their portion, 20/40? I've also heard my insurance company is one that always settles. They did that the first time with this same case two years ago. I found out after the fact by way of a letter in the mail. If this goes to court wouldn't it be better if I actually had someone on my side for the remaining amount? Would the insurance company work this suit to both of our benefits and try and settle the case out of court with what insurance I carry? The plaintiffs are requesting a jury trial; does that mean they are set on doing that? I would like the medical and her work records subpoenaed, if I use the insurance company lawyers, I’m afraid we won’t get to the bottom of this claim. That’s want the plaintiffs are hoping will happen. I know it's a scam; the girl went to work after the accident and didn't seek medical help. Now all of sudden she can't work at her restaurant job anymore because she has constant pain in her arm. Could it of been she had a baby six months later and didn't want to go back to work? I would like my lawyer to review everything then file an injunction and a frivolous law suit against her. I know I'm thinking in the clouds but sometimes you just know inside when things are bogus.