Shared responsibility, not majority at fault, being sued by majority fault driver

[ecbutler]

What is the name of your state (only U.S. law)? NJ

My wife was involved in an accident in April 2017. Our insurance company found us 20% at fault, and the other driver 80% at fault. The claim is still open as of this writing, and they are in the process of deductible recovery. We were just notified today that my wife is being sued. All the claim in the suit states is a description of the accident.

I contacted my claims rep immediately, and she told me that he can only sue if we were majority at fault. I also sent a message asking if they provide legal representation. Still waiting for a reply.

What are my options? How should we proceed? We have 35 days to answer the claim, but its a pretty complicated form. I feel lost

 

[HighwayMan]

Your insurance company should be handling this for you.

 

[HighwayMan]

The claims rep you spoke to should have asked you to send them the court summons you received and they will answer it and take care of the legal issues.

 

[Zigner]

I contacted my claims rep immediately, and she told me that he can only sue if we were majority at fault.

You either misunderstood, or were misinformed. The other party can sue even if they're 100% at fault. It's winning that requires a minimum percentage of fault (as determined by the court, not the insurance company).

 

[ecbutler]

Thank you very much, I will be contacting her again tomorrow!