I really need some help.


I had a minor accident with a lawyer. My car has a no damage, his had a little. The reasons why he is suing me are false and I can prove that some of them are false.

My questions are is this legal? I have car insurance, I thought this is why I have car insurance? What should I do. This guy is a lawyer and he's had this planned since the accident. He called to tell me that he was going to hospital. This was almost 7 hours after the accident. I need some advice.

twinkiedooter

Has he filed a lawsuit yet on this matter? Have you contacted your car insurance agent about the accident in the first place?

ashann11

yes.

this happened in December. I told him I would write him a check for damages because we both thought it wasn't going to be a lot. Then he called me back after talking to his friends and he thought it was going to cost a lot more. I told him to get it checked out anyway and he never did. Later that night he called back and said that he was going to check himself into a hospital because he had not been feeling well. That was the last I heard from him until today when I got a civil claim notice for damages.

I thought that the insurance agencies were suppose to cover this stuff. And secondly the place and the way the accident are not how it happened and my insurance company has a record of that. There isn't even a parking lot at the location where he said the accident happened. I just don't know what to do. This does not seem fair or legal.

Fr_Chuck

yes, your insurance should be covering it ( if they think the case is real) now alot of insurnace companies deny claims the first time on many things, and they may not want to pay for injuries that they don't beleive are valid also.

Of course he can sue you, so you notify the insurnace company he is sueing and they will help with an attorney ( who will represent the insurnace companies interest, so you may need your own attorney also to protect your interest.

If he wins nomrlaly the insurnace company will pay but normally settle before the trial. Just keep the insurnace company in the link

Justice Matters

Automobile insurance claims vary from jurisdiction to jurisdiction and you may wish to seek legal advice wherever you are.

As a general rule, an insured always has the option of suing another person directly for damages instead of dealing with an insurance company. That aside, the advice from Father Chuck is sound especially since your insurance policy likely requires you to advise your insurance company in such circumstances.

JudyKayTee

I investigate accidents all the time and your opinion of what is minor may very well be his opinion of what is major - I would be interested in knowing more about the false reasons he is suing you as well as your proof. Are you saying there was no accident? I'm confused on that part.

Going to the hospital 7 hours later is not unusual - from my own personal experience I was in an accident and didn't even know I had damaged a disc in my neck until the next day when I couldn't turn my head. Shock goes a long way. Also - the other party has to PROVE injury. The Courts want medical proof from Physicians or other medical professionals.

I know it's an extreme case but I actually worked on an accident some years ago - little car vs big car - and there was very, very little damage on the big car but the woman in the small car ended up paraplegic. So damage/injury are not always directly related. You also don't know if there was a pre-existing condition involved. You take the other party as you find them meaning if someone's health is already compromised and you have the misfortune to be in an accident with that person you have to accept that they will be injured more easily than a person without the pre-existing condition.

I don't know what State you are in but in NYS the process is: there is an accident, both parties report it to their insurance company, insurance companies attempt to work it out. If there is "pain and suffering" (not medical bills, not damage to the vehicle) that claim is NOT made directly to the insurance company - you get a letter from the other party's Attorney advising of the claim and you turn that letter over to your insurance company which defends you to the dollar extent of your policy. I know, it's unnecessarily complicated but that's how it "usually" works (in NYS and a lot of other States).

You said somewhere that the accident was in December. This is a very, very short period of time to receive a "sue" letter. Do you have insurance?

Anyone can pretty much sue anyone - it's the winning that counts and your insurance company will handle it - that's why you pay them.

ScottGem

I'm a little confused here. You reported this to your insurance company, so what makes you think they AREN'T covering it. If you get any sort of summons or anything else pertaining to this accident you simply turn it over to the insurance company and they will handle it. The time to worry is if the insurance company denies the claim.

I remember an accident I had when I first started driving. I was in traffic and I took my eyes off the road for a moment and didn't see the car in front of me stop so I bumped him. I was drifting, didn't even have my foot on the accelerator. The only visible damage was a small dimple on his rear bumper. We exchanged info. The next day his father called and gave us ridiculous figure for repair. I talked to my dad who said just report it to the insurance. When I said this to the other guy he said; "Well if we are going to get the insurance company involved (we both had the same carrier) I'm going to send my son to the hospital." Some months later we received a summons, the guy was suing us for a 5 figure amount. We simply sent the summons to our insurance agent and never heard any more about it.

JudyKayTee

Reread the original question - unless the other party has filed in Small Claims Court (and I'm not sure that's the case) it sounds like he got a "notice" letter ("I'm putting you on notice because I was injured" or something similar) and not a Summons (which would require service, also). Certainly too soon after the accident to file in a superior Court. What did you get in the mail?

PS to self - do NOT ride in a car with Scottgem. (Ever drive with an investigator as a passenger? I'm like the Exorcist, head spinning around on the constant lookout for danger. I don't know the millions of people who drive every day, unscathed. I only know the teeny tiny percentage in accidents so I'm what is known as a nervous passenger.)

ScottGem

I happen to be a very good driver. In over 30 years of driving I have been involved in only 5 accidents while driving. Of those, two happened when I was rear ended, while stopped for a light. The third was the one mentioned above, the 4th occured because someone didn't allow me space to maneauver in a parking lot and the last occured when someone was going too fast in a snowstorm and sideswiped me. Of those, 3 occurred during the 1st two years that I had my license.

I'd be happy to take you driving anytime, Judy

JudyKayTee

Oh, okay - now that you've 'splained things, you can drive and I'll be the passenger.

(Some day I'll share the time I backed out of the garage, straight into my husband's car. I thought his car was in the garage - I "guess" I wasn't paying attention. Our insurance company was fascinated. My argument was that it's called a "driveway" because you drive in it; if it were meant for parking it would be called a "parkway." A good offense is not necessarily a good defense. I lost the argument in several ways.)