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melee943 · Apr 8, 2009, 12:03 PM

A little less than two years ago, my vehicle was involved in an accident, therefore the statute of limitations in still in effect. Although I was not driving the vehicle, my insurance company did cover the costs to total out the car that was damaged. Today I received a summons in the mail stating that I am being sued in civil court for $3000. I was not driving and not involved in this accident. I have the police report with the responsible driver's name on it. What can I do about this? I don't think that I should be responsible for any other costs.

this8384 · Apr 8, 2009, 01:06 PM

Where are you located? What grounds is the other party using to sue you? Who caused the accident, the other party or the person driving your vehicle?

Fr_Chuck · Apr 8, 2009, 01:20 PM

It was your car, of course you can be sued. Often they will sue all parties, but I guess they figured you had the money so they are suing you. Does the driver have money?

Also if your insurance paid for all the damages, what is this charge for.
Have you turned this over to your insurance company to see if their attorneys will help, or if they will just pay it

JudyKayTee · Apr 8, 2009, 03:23 PM

Of course you're getting sued - it was your vehicle. The driver may very well be getting sued, also. You can always bring the driver in as a third party if he/she hasn't already been sued.

This is the danger of letting other people drive your car - you, ultimately, are responsible for damages.

melee943 · Apr 8, 2009, 04:14 PM

I am from PA. The person driving my car was responsible. However, I have no idea what the extra charges are for. Maybe she just decided to buy a car that was more money that she got from the one that was totalled. I don't really know. The summons does not give me any expanations whatsoever. If she was already paid, then shouldn't the driver be sued, not me?

ScottGem · Apr 8, 2009, 04:47 PM

You weren't reading. Its your car, therefore you are responsible.

I suspect, given the amount, that the owner of the other vehicle had an outstanding loan that was more than the book value so the owner still have a balance to pay.

But the bottom line is you as the owner of the car can be named in the suit. As soon as you got the summons, your first call should have been to your insurance carrier. See what they tell you to do.

If you are successfully sued and the plaintiff gets a judgement for the $#K you can turn around and sue the driver.

JudyKayTee · Apr 8, 2009, 04:57 PM

Originally Posted by melee943

I am from PA. The person driving my car was responsible. However, I have no idea what the extra charges are for. Maybe she just decided to buy a car that was more money that she got from the one that was totalled. I don't really know. The summons does not give me any expanations whatsoever. If she was already paid, then shouldn't the driver be sued, not me??

Please quote your source of belief that that person DRIVING the car is more responsible than the OWNER of the car in Pennsylvania.

I have already explained. You just aren't understanding.

melee943 · Apr 8, 2009, 05:28 PM

And how exactly am I still responsible then? Your last statement doesn't make any sense. I was not in the car. My insurance company already paid her. Why doesn't she go after the driver? I don't have crap for money so if she wants to get say $10 a month for the next 20 years, so be it. I just don't think she has any more right to sue me. It was an accident and it has been paid for. What more could she want?

ScottGem · Apr 8, 2009, 06:17 PM

Let me put it this way. If you weren't responsible then why did your insurance pay anything?

You may not think it fair but you ARE responsible for anything that happens involving your vehicle. That's the law whether you like it or not.

As to the argument that she was already paid, I explained that. She was paid according to the limits of your policy. That doesn't mean she was made totally whole. There could have things that your policy didn't pay for. Maybe they dodn't cover the balance of the loan or maybe she had to rent a car and that wasn't covered. Or maybe there was a loss of wages because she didn't have transportation. There could be a number of expenses that your insurance didn't cover so she has to sue to recover those expenses.

So you need to get a copy of the complaint filed in the court to see what she is suing for and who she is suing.

melee943 · Apr 8, 2009, 07:06 PM

Awesome. I didn't know I could do that. At least this way I can prepare for what it's about. Thank you for your help.

JudyKayTee · Apr 8, 2009, 07:13 PM

Scott, it sounds like a bare Summons was served. There may not be a Complaint on file.

Doesn't happen often - but it does happen.

Would have to read the language in the Summons to know.

melee943 · Apr 8, 2009, 08:30 PM

Yeah, it doesn't give any reasons. Just the name of the plaintiff and the amount I'm being sued for. So if that's the case, that it's a "bare summons", what can I do to find out?