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served w/summons

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jvitale928

Junior Member
What is the name of your state?What is the name of your state?ny
My husband had a car accident 3 yrs ago. He hit this woman from behind becuase he says she stopped dead in the middle of the road.
The woman got out of her car and collasped into his arms,having a seizure.
My husband called 911 and she went away in an ambulance. Apparently this accident occured very close to her job because one of co-workers pulled up,after seeing her friends car and asked my husband if the woman was okay.
He explained about the seizure and the friend said that she has them all the time!
We used to live with his family member,but moved out this month
The summons was left with her,even after she advised them that he did not reside there.Is that legal? He is being sued for 1.5 million, our insurance coverage at the time was only 25,000. I am wondering if they could have done an asset search on him at this stage of the game ? We just bought a house and its in both our names. We had cashed in retirement funds to finace our house, so we did have a lot of money in the bank,which is all gone now. We had no more than 2000 in the bank at the time of the accident.
I do not know what to do, should i contact an attorney or let the insurance company handle this ? What could they do to us ? I am also wondering about the bank accounts, should i remove his name from them and the house?
Any info would be much appreciated...
 


teflon_jones

Senior Member
jvitale928 said:
We used to live with his family member,but moved out this month. The summons was left with her,even after she advised them that he did not reside there.Is that legal? He is being sued for 1.5 million, our insurance coverage at the time was only 25,000. I am wondering if they could have done an asset search on him at this stage of the game ? We just bought a house and its in both our names. We had cashed in retirement funds to finace our house, so we did have a lot of money in the bank,which is all gone now. We had no more than 2000 in the bank at the time of the accident.
I do not know what to do, should i contact an attorney or let the insurance company handle this ? What could they do to us ? I am also wondering about the bank accounts, should i remove his name from them and the house?
Any info would be much appreciated...
What damages are you being sued for? It wasn't your husband's fault the woman had the seizure. If she had a history of seizures, you could in fact countersue based on the fact that she shouldn't have been driving. In the end though, your husband hit a stopped car. Where it was stopped doesn't make a difference, so countersuing isn't really going to get you anywhere.

Without knowing what you're being sued for, it's difficult to say anything other than to get an attorney. You should contact your insurance company from the time of the accident since they'll need to represent themselves for the initial $25K in liability on the policy. Then you'll need your own attorney for any additional money this person may win.

It doesn't matter whether you remove his name now. You've already been served with the summons, and the accident already happened.

Again, what are you being sued for?
 

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