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    Bill Stein 1521's Avatar
    Bill Stein 1521 Posts: 2, Reputation: 2
    New Member
    		  
    #1

    Aug 17, 2007, 07:30 AM
    Being sued for car accident
    Hello,

    I was in a car accident over the winter. While making a left hand turn, an woman walking in the intersection slipped on the ice and fell onto the hood of my car. There was a witness to the fact that I did not hit her, and the witness left a statement with the police. My problem is that the witness is an elderly woman from Greece who said that she does not trust police, so she wouldn't give her name or address. The woman who fell is claiming that I hit her with my car and she is suing me, but I have no way to contact my witness in order for her to back up the statement she left on the police report.

    I have insurance, but have never been sued before. Should I be worried that I could be personally liable, and that my insurance company will not cover any lawsuit?

    I leave for work early and get home home very late, so her lawyer was not able to deliver a summons to me, and I had no idea I was about to be sued. My landlady recently warned me that someone dressed as a homeless man was hiding in front of the house with papers. After a few days of him hiding out front for a few hours a day, he instead gave the summons to my landlady. From reading other questions on this site, it would seem that he will report to the courts that he did deliver the summons to me. Am I correct in thinking I should respond to the summons even though he never gave it to me?

    Thank you very much for any help.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Aug 17, 2007, 08:08 AM
    Hello Bill:

    Two things: 1) You SHOULD respond because if they get a default judgment, even though you weren't properly served, you're going to have a hard time overturning it. Besides, you did nothing wrong. Why avoid anything?? It makes you LOOK guilty of something.

    2) Turn it over to your insurance company and let them do their thing. That's why you hired them. Could you be liable?? Sure. If you have $50,000 in coverage and she wins $100,000, YOU'RE going to owe the difference.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 17, 2007, 08:19 AM
    Did you report the accident to your insurance company at the time it occurred? You should have. Let the insurance company handle it.
    Bill Stein 1521's Avatar
    Bill Stein 1521 Posts: 2, Reputation: 2
    New Member
    		  
    #4

    Aug 17, 2007, 08:42 AM
    Thank you both, excon and ScottGem.

    To answer ScottGem's question, I did report this to my insurance company when it happened.
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