livefromnyc
Junior Member
What is the name of your state? NY
There is probably no specific forum for this horror story but here goes:
In 2003 I hit another car in the rear when they unexpectedly stopped. One of their passengers was removed from the scene by ambulance. Considering the impact was at a slow speed I began to get nervous thinking that someone might try to sue me for fake injuries. So although I wanted no coverage, I reported the event to my insurance company who said not to worry because their medical expenses would be paid by their insurance. Great I thought. Approximately 30 days later I received an inquiry request from their insurance company. I responded and stated that I thought their clients driving was suspect and any claim of injury by him or the passengers would be dubious at best. And that’s the last I heard until yesterday when I returned home to find a court issued Summons of Complaint. And incredibly, I see my name listed (among many) as being a defendant in a suit filed by the other drivers insurance company, which claims that the accidents were staged (as part of an organized ring) to defraud the insurance company. Included in the document was information that some people (including the supposed injured person from my accident) had admitted knowing participation in the scheme and had been convicted criminally in 2004. But why am I a defendant. I, like the insurance company, was a victim. I could have been injured or killed because someone wanted get over on a scam. And considering I immediately informed their insurance company that I was skeptical about the event, why aren’t they instead telling me thanks? Incredible. So against the advise of family members I followed the requirements of the Summons and made direct contact with the plaintiff’s attorney (phone call and email to create a documented trail of response compliance). The attorney stated that I was not a suspect (observing that the police hadn’t contacted me about the earlier case) and my name was included as just a formality but I had nothing to worry about. He offered to send (email) me something in writing confirming that I had made contact and that I was not considered a suspect - I’m still waiting!!! There is nothing in the Summons of Complaint that instructs me to take any action other than respond to the plaintiffs attorney – which I have done. But as I have had no direct contact with the court, what protects me from having the plaintiff’s attorney seek a default judgment under a false claim that I failed to respond? More importantly, can anyone think of a legitimate reason I would be named as a defendant if the plaintiff did not feel, as if I was a willing participant in the scheme to commit this fraud?
Thanks for your informal thoughts.What is the name of your state?
There is probably no specific forum for this horror story but here goes:
In 2003 I hit another car in the rear when they unexpectedly stopped. One of their passengers was removed from the scene by ambulance. Considering the impact was at a slow speed I began to get nervous thinking that someone might try to sue me for fake injuries. So although I wanted no coverage, I reported the event to my insurance company who said not to worry because their medical expenses would be paid by their insurance. Great I thought. Approximately 30 days later I received an inquiry request from their insurance company. I responded and stated that I thought their clients driving was suspect and any claim of injury by him or the passengers would be dubious at best. And that’s the last I heard until yesterday when I returned home to find a court issued Summons of Complaint. And incredibly, I see my name listed (among many) as being a defendant in a suit filed by the other drivers insurance company, which claims that the accidents were staged (as part of an organized ring) to defraud the insurance company. Included in the document was information that some people (including the supposed injured person from my accident) had admitted knowing participation in the scheme and had been convicted criminally in 2004. But why am I a defendant. I, like the insurance company, was a victim. I could have been injured or killed because someone wanted get over on a scam. And considering I immediately informed their insurance company that I was skeptical about the event, why aren’t they instead telling me thanks? Incredible. So against the advise of family members I followed the requirements of the Summons and made direct contact with the plaintiff’s attorney (phone call and email to create a documented trail of response compliance). The attorney stated that I was not a suspect (observing that the police hadn’t contacted me about the earlier case) and my name was included as just a formality but I had nothing to worry about. He offered to send (email) me something in writing confirming that I had made contact and that I was not considered a suspect - I’m still waiting!!! There is nothing in the Summons of Complaint that instructs me to take any action other than respond to the plaintiffs attorney – which I have done. But as I have had no direct contact with the court, what protects me from having the plaintiff’s attorney seek a default judgment under a false claim that I failed to respond? More importantly, can anyone think of a legitimate reason I would be named as a defendant if the plaintiff did not feel, as if I was a willing participant in the scheme to commit this fraud?
Thanks for your informal thoughts.What is the name of your state?