Home     Law Advice     Insurance Advice     Community    
Auto Accidents and Vehicle Claims : Visit FreeAdvice.com for useful articles and FAQs on Bike Accidents, Bus Accidents, Car Accidents, Motorcycle Accidents, Truck Accidents, etc. Visit AttorneyPages.com to find an experienced Car Accident Lawyer.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims




Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-23-2008, 05:47 PM
Junior Member
 
Join Date: Mar 2008
Posts: 2

Recieved Summoms to Appear from Insurance Company about Lawsuit


I reside in San Diego,CA and also did when the auto accident occurred. I received a summons today by a court appointed officer or so he states about an auto accident that occurred on March 4th, 2005. I was the driver and yes they found me to be at fault I believe it was 50/50 but of course there the final ones that make the final decision. But anyway I'm not to sure on what my insurance company did about her claim because I was a minor at the time and underneath my moms insurance plan but she did inform me that they sent an adjuster and asked her what the value of the car was n how much were the hospital bills and according to her thats what they went off when they issued her her claim money. According to this lawsuit its not her that requesting the money its her insurance carrier thats what to reimbursed since she had full coverage and I only had liability insurance. So her company gave her 14,875.94 due to her having full insurance and probably getting a new car because of all this. Which to be honest her car wasn't even that bad mine was worse then hers and I had to pay out of my pocket to fix mine. But yea according to this lawsuit once again in paragraph 14 it states exactly this,

14. "GRANITE STATE (INSURANCE COMPANY) has demanded the sum certain as reimbursement from defendants, and each of them, to compensate for the monies which GRANITE STATE has been obligated to pay to plaintiff(NAME LEFT OUT). However, defendants have failed and refused to pay all or any part of the sum demanded. GRANITE STATE therefore seeks prejudgment interest in addition to the other relief prayed for herein.

FUNNY THING ON THAT NOTE I HAVE NOT RECEIVED ANY BILL,REQUEST,PHONE CALL, MAIL(STANDARD OR CERTIFIED), BASICALLY NOTHING FROM THIS SO CALLED COMPANY THAT'S ALL OF A SUDDEN SUING ME FOR 15 GRAND BASICALLY. Any legal advice or suggestions would be greatly appreciated and I mean greatly appreciated.

BASICALLY I WOULD LIKE TO KNOW WHAT RIGHTS I HAVE AND DON'T HAVE AND WHAT I CAN DO AND CANT DO AT THIS TIME I AM REQUESTING ALL THE PAPERWORK ABOUT THE CLAIM FROM MY INSURANCE COMPANY AND HAVE CALLED MY INSURANCE AGENT...ALSO I'M GONNA TRY TOMORROW TO GET THE POLICE REPORT FROM THE CITY IT OCCURRED IN...

Last edited by DavidLeeHansel; 03-23-2008 at 06:08 PM.
  #2  
Old 03-23-2008, 06:38 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,864
Contact the CLAIMS DEPARTMENT at the insurance company which covered you at the time. They will provide for your defense. What were your coverage limits at the time?
  #3  
Old 03-23-2008, 07:05 PM
Junior Member
 
Join Date: Mar 2008
Posts: 2
That Is What I Already Did I Sent An Email To My Insurance Company Claims Department Because We Have Not Changed Insurance Companies Since I Had The Accident And I'm Not To Sure To Be Honest, I Know I Only Had Liability At The Time. Also How Do I Go About Getting Legal Help From The Insurance Company Since You Stated That They Would Help Me. Do I Just Fax Them The Lawsuit. I Am Pretty Educated But Some Of The Law Im Not To Sure On.
  #4  
Old 03-23-2008, 07:22 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,864
Turn off caps lock.

You are going to have to talk to the claims adjuster. If you only had minimum coverage, you were only covered up to $5k for property damage. That means that you will be responsible for anything more then that. But hopefully, that is not the problem. You will have to talk to the claims person to find out why it hasn't been paid already.
  #5  
Old 03-24-2008, 03:53 PM
Member
 
Join Date: Oct 2004
Posts: 54
Quote:
Originally Posted by DavidLeeHansel View Post
I reside in San Diego,CA and also did when the auto accident occurred. I received a summons today by a court appointed officer or so he states about an auto accident that occurred on March 4th, 2005. I was the driver and yes they found me to be at fault I believe it was 50/50 but of course there the final ones that make the final decision. But anyway I'm not to sure on what my insurance company did about her claim because I was a minor at the time and underneath my moms insurance plan but she did inform me that they sent an adjuster and asked her what the value of the car was n how much were the hospital bills and according to her thats what they went off when they issued her her claim money. According to this lawsuit its not her that requesting the money its her insurance carrier thats what to reimbursed since she had full coverage and I only had liability insurance. So her company gave her 14,875.94 due to her having full insurance and probably getting a new car because of all this. Which to be honest her car wasn't even that bad mine was worse then hers and I had to pay out of my pocket to fix mine. But yea according to this lawsuit once again in paragraph 14 it states exactly this,

14. "GRANITE STATE (INSURANCE COMPANY) has demanded the sum certain as reimbursement from defendants, and each of them, to compensate for the monies which GRANITE STATE has been obligated to pay to plaintiff(NAME LEFT OUT). However, defendants have failed and refused to pay all or any part of the sum demanded. GRANITE STATE therefore seeks prejudgment interest in addition to the other relief prayed for herein.

FUNNY THING ON THAT NOTE I HAVE NOT RECEIVED ANY BILL,REQUEST,PHONE CALL, MAIL(STANDARD OR CERTIFIED), BASICALLY NOTHING FROM THIS SO CALLED COMPANY THAT'S ALL OF A SUDDEN SUING ME FOR 15 GRAND BASICALLY. Any legal advice or suggestions would be greatly appreciated and I mean greatly appreciated.

BASICALLY I WOULD LIKE TO KNOW WHAT RIGHTS I HAVE AND DON'T HAVE AND WHAT I CAN DO AND CANT DO AT THIS TIME I AM REQUESTING ALL THE PAPERWORK ABOUT THE CLAIM FROM MY INSURANCE COMPANY AND HAVE CALLED MY INSURANCE AGENT...ALSO I'M GONNA TRY TOMORROW TO GET THE POLICE REPORT FROM THE CITY IT OCCURRED IN...
You said, "I was the driver and yes they found me to be at fault I believe it was 50/50 but of course there the final ones that make the final decision."

Have you filed a claim with the other car’s insurance if you believe it was 50/50? If no, can you explain why?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:01 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.