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letter from a lawyer about liability insurance??

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3 C's

Junior Member
What is the name of your state (only U.S. law)? CA

Last Sept.(2010)my husband was working a side job and hired a company to cut some concrete on the job. Well, my husband accidentally dropped concrete on the guys foot. The guy said he was fine and continued to work. My husband called the next day to see how he was and his office said he went to the hospital that day and had a broken foot.

A few nights ago(1 year 3 months after the injury)my husbands dad got a letter from a lawyer and the injured guy saying to contact them with his liability insurance because one of his employees(my husband) crushed the guys foot. My husbands dad dissolved his company in 2006 and doesn't have any employees, he's retired. My husband did the job totally on his own. My husband isn't licensed and doesn't have liability insurance. This was just a side job from his regular job.

So what to do from here? Call a lawyer? Call the lawyer who sent the letter? We don't want to do the wrong thing but we are totally lost on what steps to take.

My husband was under the impression that the guy who hurt his foot had used worker's comp- that was what the secretary told my husband when he called the company the next day to check on him.
 


ecmst12

Senior Member
He SHOULD NOT contact that lawyer. He needs to hire a lawyer to defend him from this lawsuit. Yes, that will probably end up costing more than he earned for doing the illegal job - and that's not even considering what he is going to end up having to pay the guy he injured.
 

LdiJ

Senior Member
He SHOULD NOT contact that lawyer. He needs to hire a lawyer to defend him from this lawsuit. Yes, that will probably end up costing more than he earned for doing the illegal job - and that's not even considering what he is going to end up having to pay the guy he injured.
Actually, his DAD is also going to need to get an attorney, to have himself removed from the case as it had nothing to do with him or the company he dissolved in 2006.

Lesson to be learned...even if you are only going to be doing side jobs, you need a license and liability insurance.
 

3 C's

Junior Member
I thought that you only needed a license)if a job is over $500.00. If it was less then that you didn't need a license. I guess I could be wrong about that. Does the letter we received mean they filed a lawsuit against us? A couple of you keep saying lawsuit, so by them sending the letter they did file a lawsuit against him? I think that it would be easier just to take the letter to an attorney, I thought we could just write a reply leter ourselves but that sounds like a bad idea! Thanks for the comments.
 

Zigner

Senior Member, Non-Attorney
The first step (before a lawsuit is filed) is to ask for payment. By asking for the insurance information, they (apparently) intend to do just that by filing a claim with the insurance company. Since their is no insurance company, the next step will be to ask for payment from your dad. If he doesn't not pay promptly, THEN a lawsuit is (likely) forthcoming.
 

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