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    monooo's Avatar
    monooo Posts: 1, Reputation: 1
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    #1

    Jul 26, 2008, 10:34 PM
    Why I being sued and I have car insurance?
    I had a car insurance,I involve in a car accident 2006 the other person saying I scrath her back pumber and I didn'y touch her car at all,when the officer shows up he wrote what she told him and he said in his report was a light contact between both car cause this scratch after 2 year I receved a letter from a lawyer for this lady suing me foe bodily injury how come and I have a car insurance at this time.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 26, 2008, 11:05 PM
    I am not sure what all has happened. Are you saying that this never went through your insurance company at all? Did they know your insurance company when it happened?
    Did you have damages? Whose fault was it?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 27, 2008, 06:20 AM
    Quote Originally Posted by monooo
    i had a car insurance,i involve in a car accident 2006 the other person saying i scrath her back pumber and i didn'y touch her car at all,when the officer shows up he wrote what she told him and he said in his report was a light contact between both car cause this scratch after 2 year i receved a letter from a lawyer for this lady suing me foe bodily injury how come and i have a car insurance at this time.


    I think you are a little confused.

    Did the Attorney send a letter saying you should turn that letter over to your insurance company? It's the first step to make a formal claim against your insurance. Or were you served with a Summons? I have never seen a letter saying "you are being sued" because it's legally insufficient. It would serve no purpose.

    There is no relationship between the other driver and your insurance company so all letters are sent to you and asked to be turned over to your insurance company. If your company fails to offer a settlement which is acceptable to the other party then the Attorney will sue YOU and you will turn the Summons/Complaint over to your insurance company which will defend you.

    It's a matter of how the paperwork has to be handled and technically you are NOT being personally sued. Any claim is against your insurance company but has to go through you.

    Depending on your State and whether it is or is not no-fault the other party may have to have qualifying injuries in order to sue for pain and suffering.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 27, 2008, 06:31 AM
    [QUOTE=Comments on this post: N0help4u agrees: especially two years later and so vague !.[/QUOTE]



    Attorney has either been negotiating with the insurance company and getting nowhere or has an eye on the Statute. Or maybe the other driver just finished medical treatment.

    I am often handled cases to INVESTIGATE that are 2 or 2-1/3 years old (and it's a 3 year statute) and you can only imagine what it's like because pretty much no one remembers much about anything. Sometimes an advantage to the Plaintiff but very often does no one any favors. (People don't remember what they had for breakfast that day and I'm asking questions about the weather 2-1/2 years ago.)

    Maybe the other driver just wandered through the Attorney's door - that happens, too.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Jul 27, 2008, 06:34 AM
    What sounds odd to me is that they seem like they have been clueless like they had the accident and then nothing until 2 years later. OP does not even mention insurance companies or any claims prior to the letter.

    Maybe the other driver just wandered through the Attorney's door - that happens, too. --
    Exactly what it sounds like to me.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #6

    Jul 27, 2008, 08:37 AM
    I'm wondering if the poster had car insurance at the time of the accident, since he says "at this time". And what happens if you have switched insurance companies in the two years since the accident? Does it go to your new insurance company, or the old one, which you don't currently have a contract with?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 27, 2008, 08:40 AM
    Quote Originally Posted by froggy7
    I'm wondering if the poster had car insurance at the time of the accident, since he says "at this time". And what happens if you have switched insurance companies in the two years since the accident? Does it go to your new insurance company, or the old one, which you don't currently have a contract with?

    It's not claims made - the date the claim was made; it's by the date of the damage (the date of the accident).

    So the "old" company is responsible.

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