What is the name of your state? Kentucky
Interestingly enough I just received a civil summons in the mail today dated 2 years and 360 days from the date of the only car accident I've ever had. I had come from the doctors office for my then 4 year old daughter and was headed to the store to pick up an antibiotic for pneumonia for her. I was driving very cautiously because the roads were icy and she was sick and scared of the road conditions too. The short of it is that I came around a long curve, my car hydroplaned on ice and I had no control of the steering or the brakes (don't ever buy a toyota camry, it's like driving an aluminum can). The car was flying and up several yards in front of me was a guy stopped in his car at the red light and the front corner of my car ran into the back end of his car. All was fine. "No one was hurt." The guy (older guy working for the Ford plant up the street) asked if he could sit in my car with me and my child while we waited for the cops. I felt bad about the situation so I chose to be a dumbass in the awkward moment and let him in. He smelled of alcohol and was talking about how he wasn't even supposed to be out of the building. And he hoped he wasn't going to get in trouble at work since he snuck out. So the police show up, I tell the cop what happened. He writes things up...which seems like forever while I've got this smelly chatterbox drunk in my car. No problems. No airbags went off, no ambulance was called. No complaints. The guy even called me a few days later wanting to know what he was supposed to do. I told him to call my insurance company and his insurance company. I asked him if he was doing okay physically and he said yes. So this summons comes today with demands for damages that are in excess of what his own insurance will pay for. Then it makes a claim that I was underinsured according to the KY statutes??? How could I be underinsured? We've been with our insurance company for years and have had a good policy. And wouldn't it be illegal for the insurer not to have us "legal".??? Anyway, the guy has sued me and his own insurance company for more money forever basically. That he is severely physically hurt now and forever til death do us part. AND that I was negligent and careless??????? How could I have been negligent and careless??? And that that is why I'm being sued for damages too. I don't get it. And why in the world is this the first I've heard of anything about this accident?? Should I have been getting something in the mail from my insurer all this time letting me know this guy's making claim after claim or what? Somebody tell me something, please! Can I trust my own insurance company if I call them or should I be doing that through legal paperwork? Obviously I've got about 14 days to come up with a response. So I'll take any sound suggestions to get me going on a solid path to defending myself.
Interestingly enough I just received a civil summons in the mail today dated 2 years and 360 days from the date of the only car accident I've ever had. I had come from the doctors office for my then 4 year old daughter and was headed to the store to pick up an antibiotic for pneumonia for her. I was driving very cautiously because the roads were icy and she was sick and scared of the road conditions too. The short of it is that I came around a long curve, my car hydroplaned on ice and I had no control of the steering or the brakes (don't ever buy a toyota camry, it's like driving an aluminum can). The car was flying and up several yards in front of me was a guy stopped in his car at the red light and the front corner of my car ran into the back end of his car. All was fine. "No one was hurt." The guy (older guy working for the Ford plant up the street) asked if he could sit in my car with me and my child while we waited for the cops. I felt bad about the situation so I chose to be a dumbass in the awkward moment and let him in. He smelled of alcohol and was talking about how he wasn't even supposed to be out of the building. And he hoped he wasn't going to get in trouble at work since he snuck out. So the police show up, I tell the cop what happened. He writes things up...which seems like forever while I've got this smelly chatterbox drunk in my car. No problems. No airbags went off, no ambulance was called. No complaints. The guy even called me a few days later wanting to know what he was supposed to do. I told him to call my insurance company and his insurance company. I asked him if he was doing okay physically and he said yes. So this summons comes today with demands for damages that are in excess of what his own insurance will pay for. Then it makes a claim that I was underinsured according to the KY statutes??? How could I be underinsured? We've been with our insurance company for years and have had a good policy. And wouldn't it be illegal for the insurer not to have us "legal".??? Anyway, the guy has sued me and his own insurance company for more money forever basically. That he is severely physically hurt now and forever til death do us part. AND that I was negligent and careless??????? How could I have been negligent and careless??? And that that is why I'm being sued for damages too. I don't get it. And why in the world is this the first I've heard of anything about this accident?? Should I have been getting something in the mail from my insurer all this time letting me know this guy's making claim after claim or what? Somebody tell me something, please! Can I trust my own insurance company if I call them or should I be doing that through legal paperwork? Obviously I've got about 14 days to come up with a response. So I'll take any sound suggestions to get me going on a solid path to defending myself.