car accident

[ssn]

In California, my nephew was in a rear end collision. He rear-ended the other vehicle. No one claimed to be hurt. No ticket was issued to either driver, police were called to scene of accident. Nephew had and still has full coverage ins with same company. His insurance has paid for his vehicle to be repaired. Nephew's insurance info was given to other driver when requested. Two months later the driver, child passenger and their lawyer sue for $1 million !!! Nephew is to appear in court soon.
Question: Does my nephew's insurance company handle it? or Should he hire a lawyer and counter-sue for $2 million???


[This message has been edited by ssn (edited September 24, 2000).]

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Have you heard of just chilling out?

Your nephew's insurance company will HIRE an attorney on behalf of him and represent him throughout the process. Keep one thing in mind --> although the insurance company is paying for the lawyer, that lawyer's client is your nephew.

Now, those people have up to one year under the statute of limitations to sue for personal injuries. OF course their attorney is going to sue for 1 million under general damages or as I like to term it, greedy damages.

If no tickets were issued, the police were there and no one was hurt, these people may wind up getting a couple of thousand out of your nephew's insurance policy BUT that is it. Half of that, keep faith, will wind up being their attorney's salary.

Relax. : - ) AND YOU HAVE NO CAUSE TO COUNTERSUE, ESPECIALLY FOR 2 MILLION. That countersuit may open YOU up to liability under what california terms ABUSE OF COURT PROCESS.

 

[ssn]

I was just being sarcastic about the two million!
Thanks for the info.