Being sued for $40,000 due to car accident - Underinsured Motorist - Help please!

What is the name of your state? Virginia

Good evening and firstly, thanks for reading this message, whether you can actually assist or not.

My girlfriend is being sued for $40,000 by State Farm for a vehicle accident she was in many months ago and we could use some advice on how to proceed. Below is a summary of the situation:

In December 2003, she was involved in a traffic accident in Virginia. She was cited for reckless driving as a result of the accident and the other driver sustained injuries which accounted for over $60,000 in bills. Her insurance coverage, Progressive, at the time only covered a portion ($25,000) of the costs of the bills. The other driver's insurance company, State Farm, paid the full cost of the bills. Around this time, her insurance company mentioned the possibility of a lawsuit; however, the other driver's insurance company called one time, which she did not return, at the advice of her insurance company. Her insurance company advised her that it was improbable that they would sue and that the act of the other driver cashing the check received from his insurance company indicated that they were finished with this case and would not pursue anything further. We have heard nothing since, until today, at which time she received a notice of a motion to sue her for the remaining money, over $40,000, which, needless to say, we cannot exactly afford.

Apparently the other driver indicated to Progressive that he would not sue, either. My girlfriend reached out to him during his recovery to apologize and offer any assistance she could, not to avoid any suit (as it hadn't even been mentioned at that time), but to make what little ammends she could. As far as injuries go, I believe the most serious was some damage to the other driver's ear which required minor plastic surgery. He was apparently a very nice man and we are regretful that anyone, especially him, had to suffer due to this unfortunate event.

Does anyone have any ideas on how to proceed with this? Obviously, we have contacted Progressive and are waiting to hear back and in addition, we are seeking to find an attorney. I wanted to ensure we explored all avenues of assistance.

Thanks again for your help.

WC

We have heard nothing since, until today, at which time she received a notice of a motion to sue me for the remaining money, over $40,000, which, needless to say, we cannot exactly afford.

Why would the insurance company come after you?

Thanks for the quick reply, John. They are not coming after me, but rather, coming after my girlfriend. They are apparently attempting to recoup the difference between what her coverage was and what the other driver's bills were.

Sorry if I was not clear. I corrected the typo in the message, above.

You need to retain an attorney. The fact that the victim stated she would not sue is irrelevant. Look up subrogation.

ScurryRay: I commend your girlfriends humaness in wanting to do the right thing. Visiting the other party and admitting fault to the other party are HIGHLY discouraged in the insurance industry for the very reasons you are now being sought after.
It was originally between the insurance companies to collect. Any amount over that can be sought after thru claims court. Unless the victim waived their rights upon issuance of a medical check . Most of what you speak of can go in various directions and are open to speculation. Wait to hear from your insurance company and may I suggest you hire your own attorney.

Thank you John for editing that past post! How sad that a family member would want to bring disharmony to this site.

Thanks, Tayla and John for your opinions.

Anyone else's opinions are welcome as well. The more ideas and information, the better.

Thanks, again.

ScurryRay said:

Thanks, Tayla and John for your opinions.

Anyone else's opinions are welcome as well. The more ideas and information, the better.

Thanks, again.

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**What does her policy say under 'liability to others'?

Have her call Progressive tomorrow and make sure they are aware that she is being sued. That is why she pays insurance. They will advise you.

Please post back with their response.

What were her policy limits of liability with Progressive at the time of the accident? Has she turned over the lawsuit paperwork to Progressive?

If Progressive paid their policy limits of $25,000 to the other driver and the other driver signed a release of all claims, State Farm may not have standing to sue your girlfriend.

Great questions. This is helpful dialogue, thank you very much.

I will check with her today on the questions you posed as well as any updates from Progressive and post responses as soon as I get them.

Thanks again,

WC