Not at fault - still being sued???

[candroulakis]

What is the name of your state? NJ

My vehicle was involved in an accident in January of 2004 where the other vehicle made an illegal turn and caused the accident.

The vehicles were both repaired and I even recently had my deductible returned to me and seemed that my insurance company got their money back thru subrogation.

The other day, I received a letter that the passenger of the vehicle that caused the accident is going to sue my insurance company and me for medical damages to her.

How can this even be possible after an entire year? Should I retain an attorney?

 

[racer72]

Your insurance company is obligated to provide legal representation. Contact them ASAP.

 

[candroulakis]

Insurance Company already involved

Yes, the insurance company is involved fully. I was just looking for the groups perspective and perhaps experience how a lawsuit could be successful after being deemed 100% non-fault.

 

[I AM ALWAYS LIABLE]

Yes, the insurance company is involved fully. I was just looking for the groups perspective and perhaps experience how a lawsuit could be successful after being deemed 100% non-fault.

My response:

You're missing the point. An insurance company isn't the final arbiter of negligence - - that's a judge or jury's job. Apparently, the attorney for the passenger has a different viewpoint and, if he's successful in his lawsuit for his client, he's going to be able to "tag" you for some percentage of the fault. Attorneys really hate to see empty seats at the defendant's table. Every other defendant has a nasty habit of pointing at that empty chair and say, "It was THAT guy's fault, not mine!" That's why you've been invited to the "show".

IAAL

 

[teflon_jones]

If the driver of the other car was deemed at fault and their insurance company paid, then the passenger's case is with the driver of the other car, not you. Regardless, this doesn't prevent them from filing a lawsuit against you. Contact your insurance company and they'll provide legal representation.