Sued but not responsible

[Seldon]

In November 97 I was involved in a auto accident, raining hard, I stopped my vehicle behind another as there were paramedics parked in the fast lane. No sooner had I stopped my vehicle when I was rear ended by another, which pushed me under the vehicle in front on me. Now I find after almost 2 1/2 years the person, whom by the way was an accident attorneys wife and called me and wanted to help me has since sued myself and the person whom rear ended me for 10 million dollars. Of course my coverage does not cover anywhere near that amount. Should I be concerned, do I need an attorney. No one experienced any major injuries

 

[Seldon]

Sorry forgot to mention that the accident was in California

 

[Lianne]

Let me preface my comments by saying I'm not a lawyer. I'm just going on personal experience. I had the same situation last year (in NC). Since my car came to a complete stop (not touching the car in front) before the other car hit me from behind (plowing me into the other guy), I was not at fault. If, however, I had bumped into the guy BEFORE the other car smashed in from behind, I would have been at fault. There was no law suit; I was just told this by the police and the insurance claims rep for the person that caused the accident. Good luck!

 

[Seldon]

I was also told this but as you can see 2 1/2 years later I am being sued,

 

[Tracey]

You're in luck! You get to sue the guy who hit you and you don't even have to pay a filing fee!

Go hire an attorney and have her join the guy as a third party defendant and "cross claim" against him. Then, try to get the plaintiff's case against you dismissed or have the trial bifurcated so that you are out of it before the jury considers damages against guy. This turns the case from Plaintiff v. You & Guy and You v. Guy into You and Plaintiff v. Guy.


Good luck,
Tracey

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[lars coltrane]

Since you are being sued, you must take the matter seriously. If you had auto insurance at the time of the accident, contact them right away. They will hire a lawyer for you and pay for the cost of defense as well as any award, up to the limits of your policy.

The way you describe the facts, being stopped and not striking the car in front of you until you were struck from the rear, you have no liability.

Just make sure to get an answer filed before your default is taken.

 

[Seldon]

I cant sue the person who rear ended me as I settled almost right away with her insurance and just got on with my life. I guess the only thing I can do now is to get legal counsel to see if they can do such a thing as cumis counsel, where they will represent me for moneys over and above the amount for which I am covered,at my insurance companies expense. Any other suggestions would be greatly appreciated

 

[Seldon]

Thanks to everyone for your advise, does anyone know anything about Cumis Counsel,

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Seldon:
Thanks to everyone for your advise, does anyone know anything about Cumis Counsel,<HR></BLOCKQUOTE>

My response:

Aren't these guys terrific?

Anyway, what specifically did you want to know? Is it because you have said the Plaintiff is suing you for 10 million dollars? If that's it, then I'll post those details. There are other certain situations also where Cumis Counsel is required; so, tell me the situation you have that makes you believe Cumis Counsel is necessary, and I'll tell you if it is.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."


[This message has been edited by I AM ALWAYS LIABLE (edited April 17, 2000).]

 

[Seldon]

Yes I am very concerned about the fact that this person is suing for 10 million dollars, and of course my insurance only has a 50,000 limit. If this person is awarded more than that amount, can I lose property which is also my husbands, I do not work. I live in California. I feel very ignorant about all this and I`m afraid we could lose everything