Being Sued For Car Accident need help?

Question

I wan in a car accident over a year ago in CA where I was at fault. Traffic came to a sudden stop as there was a bad accident in front of me on the freeway. I was unable to stop in time and rear ended the car in front of me. I exchange insurance info with the other driver and we were both able to drive away from the accident.

I thought my insurance had handled this and everything was resolved, however I just received a court summons saying I am being sued in amounts exceeding $25,000 for personal injury, pain and suffering endured by other driver.

I am planning to call my insurance company asap, but I wanted to know how serious this is because I am starting to panic. I am insured under my parents so they are the ones being sued, and I don't want this to affect them in any way. I am hoping the insurance company will handle this, but I am not sure what to expect. Any help is greatly appreciated.

Answer 1

This is why I have Two Times the minimum liability, better to spend $30/month more for insurance than get sued for $50,000 by some schmuck.



Your parents better call their insurance, realize that the insurance company only pays up to the limits of the policy.



Then its on the vehicle owner.

Answer 2

These are the situations that justify paying insurance premiums. Yes, assuming that your levels of liability (how much the insurance company will pay for personal injury) are high enough to cover the claim, the insurance company will pay. They will also, again depending on coverage, provide you with legal assistance. That does not mean that you should depend on the insurance company lawyer. Go talk to one on your own (better, with your parents. They need to be involved in every step of this since it is their policy.)

It is not unusual for people who have been rear-ended to have a time-lapse between the accident and the on-set of symptoms. It is also not unusual for them to sue for a lot more than their injuries would seem to be worth. The fact is, you hit them. You are on the hook. Let the insurance company help - with the guidance from your attorney.

Good Luck!

Answer 3

I would make two calls today and not wait any longer. One would be to my insurance company and the other would be to a good personal injury attorney. Find out what your rights are, what your alternatives are, and what the statute of limitations is on this type of accident. There is an article on this subject at the site listed in the source box.

Answer 4

You need to forward that summons to your insurance company and they'll take care of it. You might have to give a deposition but you'll be covered by your insurance company and their lawyers. That's why you have insurance. Now, if you want to consult a lawyer on your own as well that will work but the first call needs to be to your insurance company.



BTW, don't panic. This happens all the time where people are personally sued but it's really the insurance company that's being sued.

Answer 5

Rental car companies are very specific about drivers and will exclude any other driver. So they will go after you and maybe your friend who rented the car for the rental car damages. Does your friend have auto insurance? Did he file a claim under his own policy? They might cover for the other car damages and/or injuries. If not, do you have auto insurance of your own. If the friends own auto insurance denys, then your policy might pay for the other car damages and/or injuries. If none of the above, then you have no defense and will owe. Maybe your friend will pay half, but my guess, he wont and you will get stuck.

Answer 6

Consult with a lawyer. This is typical get-rich-quick crap. People like to wait until it's almost too late, file a last-minute claim for all kinds of injuries, hoping after all this time the witnesses memories would be less credible. They want a free payday, nothing more.