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venkatpathi · Sep 7, 2007, 06:12 PM

I involved in a car accident recently , The attorney of the other driver have proofs that it was my fault.I thaught the other driver was not injuried and my insurance company will handle it.But this week I got a call from my insurance guy , he said that the other driver has severely injured with knee fracture and her attorney is suing me and asked to send the papers to Insurance company if I receive the summon.My adjuster also told me that injury is severe so policy coverage is very low , so they will try the best to protect me.

What I have to do now ? I don't have any assets apart frrom my car ,will my wages be garnished ? I don't have good salary or bank balance.If I am unable to pay what will happen ?

Can the other party sue me for any amount of 100% of my pay?

Please help me .

tickle · Sep 8, 2007, 03:41 AM

If the police attended the accident and a police report was written up, then that would determine who was at fault. Is this the proof the attorney has, the police report because you should have a copy of it as well. I think you had better get a lawyer and find out your rights.

satisha · May 15, 2011, 11:31 PM

Hey venkatpathi,
Now I am in the same situation as you were. I would be very grateful to you if you give me some advice. I am eagerly waiting for your reply.
Thanks

tickle · May 16, 2011, 02:38 AM

Originally Posted by satisha

Hey venkatpathi,
Now I am in the same situation as you were. I would be very grateful to you if you give me some advice. I am eagerly waiting for your reply.
Thanks

This is an old thread from 2007. Don't think you will get feedback this way.Please start your own post so you can get your own feedback from experts.

AK lawyer · May 16, 2011, 05:22 AM

Originally Posted by satisha

Hey venkatpathi,
Now I am in the same situation as you were. I would be very grateful to you if you give me some advice. I am eagerly waiting for your reply.
Thanks

As Tickle said, you need to start your own thread. You say this is the "same situation". How so? You have insurance but you fear the policy limits are too low? This is not likely. It would remain to be seen whether the insurance is sufficient to pay the other party's damages.

And Tickle was incorrect about the need to "get a lawyer". If you have insurance, the insurance company will have to hire an attorney to defend you. That is why the OP's insurer told him/her to let it know if and when the OP was sued.

tickle · May 16, 2011, 12:44 PM

Originally Posted by AK lawyer

And Tickle was incorrect about the need to "get a lawyer". If you have insurance, the insurance company will have to hire an attorney to defend you. That is why the OP's insurer told him/her to let it know if and when the OP was sued.

I am going to compound the mistake of perpetuating an old thread from five years ago, AK. Could be 'getting a lawyer' is okay on my side of the fence and not yours.

AK lawyer · May 16, 2011, 05:12 PM

Originally Posted by tickle

I am going to compound the mistake of perpetuating an old thread from five years ago, AK. Could be 'getting a lawyer' is okay on my side of the fence and not yours.

Auto insurance policies in Canada don't include defense of a lawsuit? Strange. I did not know that. Thanks.

JudyKayTee · May 17, 2011, 09:56 AM

Now I'm going to continue an old thread - I think there's a misunderstanding here concerning retaining an Attorney. The insurance company PROVIDES an Attorney in the event of a claim. My experience in Canada is that the insured is advised to also retain a private Attorney in the event the claim goes over the policy limits.

Does that mean an Attorney is or is not provided? Depends on how "you" understand why the insurance company provides counsel.

AK lawyer · May 17, 2011, 12:37 PM

Originally Posted by JudyKayTee

Now I'm going to continue an old thread - I think there's a misunderstanding here concerning retaining an Attorney. The insurance company PROVIDES an Attorney in the event of a claim. My experience in Canada is that the insured is advised to also retain a private Attorney in the event the claim goes over the policy limits.

Does that mean an Attorney is or is not provided? Depends on how "you" understand why the insurance company provides counsel.

Hmm. If I was the insurance defense counsel, assuming there was liability, I would try to settle the case for the lowest possible amount, hopefully under the policy limits. If I couldn't do that, then is when I would advise the client that it might be a good idea to get counsel regarding the overage.

As I recall, under U.S. policies, the insurance-provided attorney still has the duty to defend even if it goes over limits. Is the Canadian practice different than that?

JudyKayTee · May 17, 2011, 02:05 PM

Right, they defend to the full extent of the claim but in Canada it is not unusual at all for the insurance company to send out the "you have been sued beyond your policy limits. You may wish to seek independent counsel" letters.

I don't know how/when/where the private counsel would come in. I don't know if the insurance company shares files, strategies, anything else or waits until trial - I don't know the details.