I am being sued...what are my rights?

[ScubaDiva]

What is the name of your state? Florida

I was in an auto accident in Florida in October. A car wasn't moving and I couldn't get around him in time on the freeway so I rear-ended him. No one was injured seriously, at least, so I thought. I never talked to the other party but was told by the aid worker on the scene that they refused medical attention and they were okay. I witnessed the 2 people in the other car walking around. I had bruises from the air bag but I was okay.

I talked to my insurance company a few days later and they felt it was 50-50 fault because the other car was stopped on the freeway and did not attempt to move to the shoulder. My adjuster told me the other party went straight from the accident to an attorney and didn't want to get their insurance involved.

I was notified on Friday by my insurance company that the other party is suing me for more than my liability limits. ($25,000 per person). I am very scared. I have no money and don't know what to do. My insurance company told me to hire a lawyer but I really don't have the $$$ to even to that. I live in Washington State and it would take time to even save up enough vacation time and money to fly down to even fight this.

Do I have rights??? Should I counter-sue? What could happen to me?

 

[stephenk]

did your insurance company tell you why they are not paying for an attorney to defend you? read your insurance policy. They owe you a defense.

 

[ScubaDiva]

As it turns out, the letter I received was a form letter. I actually have additional coverage from the credit card I used to rent the car and also insurance of the rental company.

The insurance company has decided not to pay because the driver of the other car refuses to show the insurance adjuster his car. They know when the adjuster looks at the car, he will determine they were having car trouble but did not pull over to the shoulder or have hazards on.

It is very strange. There was 2 people in the car, neither of them spoke English and each went to 3 different attorneys. Every time the adjuster spoke to the men, they gave different accounts of what happened. They now just "want to settle" and not go to court. My insurance company believes they just were looking for $$$.

Hopefully, this will be settled shortly and I can just move on.