NWR: just got served papers

I was involved in an accident three years ago when I was distracted by the person behind me who was tailgating me, and I rearended the person in front of me (I know, I should have pulled over and let that *** get in from of me but that's besides the point) I've gotten a few certified letters in the mail from my insurance company warning me that I might get sued, and finally I was served with the papers today. I need to find an attorney and all of that fun stuff this week, but does anybody know exactly what goes on after I am served with the papers? It says she has permanent disability, all of that, but her lawyer has the same last name as her.. Hmm..... I know if I have to go to court and see her I will start to cry b/c I already feel bad

I don't know anything about getting served with papers and everything but I wanted to wish you good luck...

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Posted by ARobles

I don't know anything about getting served with papers and everything but I wanted to wish you good luck...

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Thanks

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Posted by sfmullen

you need to call your insurance company and they should take care of it and have one of their lawyers represent you

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If I can't find anybody they will represent me, but b/c of the case, they prefer me to find my own. It'll be more money if I go through them anyway. I don't even know who the insurance company is, I think Progressive, it was under my dad's name and we don't have that insurance company anymore.

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Posted by ncd623

Are the suing for more than you are covered by Insurance?? My DH was sued b/c of a car accident and the insurance co. handled the entire thing????

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They are suing for a lot more than my insurance covered. They already went through the insurance companies, so now it's kinda up to me. I'll prolly have a meeting next week, so we'll see I guess than... Just frustrating, especially b/c my dad is actually the one getting sued

what they are doing is called subrogation..they are trying to recover additional losses.

you can go back to the original insurance company that covered you.....it doesn't matter if you don't have them anymore. technically your previous insurance is supposed to assist you in this, becuase the accident/loss occurred during the time that you were insured by them.

this happens everyday. just make sure you contact the old insurance, and possibly an attorney.

I am a lawyer, but please understand (1) this does not constitute legal advice; (2) I am not your lawyer and therefore we have no fiduciary relationship; and (3) tort law is not my area of expertise.

Now with the disclaimer out of the way....

Contact your insurance company immediately. They will have counsel representing you and them in the lawsuit. After talking to them, you may want to retain your own lawyer. There are several good law firms in Nassau county that may be reasonably priced... but bear in mind, legal fees are expensive. Your insurance company should provide you with counsel.

The first thing to ask your lawyer is to investigate the statute of limitations. You said it happened 3 years ago - well, the statute of limitations for most torts is about that time frame, so get the lawyer to investigate that for you.

Don't panic! Call your insurance company first (the one who insured you at the time of the accident). They'll have good advice for you -- and they should have been served as well!

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She'd have to prove beyond a reasonable doubt that she has a permament disability.

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No, she does not. That's the standard for criminal liability. This is a civil case and the injury needs to be proven at the standard for the evidence. She does not necessarily NEED a doctor / expert witness, but for all intents and purposes she will in order to prove to the court she has a permanent disability.

She also doesn't have to have suffered a permanent disability in order to sue / collect anything... She just gets a lot more if she proves she does have permanent disability.

It's really unfortnate that so many people are so eager to sue these days. If she was truly hurt that badly, I fail to see why she didn't seek to sue you a few years ago, but that is immaterial...

I just feel awful for you - no one needs this sort of stress! Talk to your insurance company and a lawyer if you retain another one just for you - They will be able to help you tremendously! Most of these things NEVER go to trial. She will either settle with the insurance company or you may even get the suit dismissed.

I hope it just goes away quickly!

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Posted by Kara and Todd

I am a lawyer, but please understand (1) this does not constitute legal advice; (2) I am not your lawyer and therefore we have no fiduciary relationship; and (3) tort law is not my area of expertise.

Now with the disclaimer out of the way....

Contact your insurance company immediately. They will have counsel representing you and them in the lawsuit. After talking to them, you may want to retain your own lawyer. There are several good law firms in Nassau county that may be reasonably priced... but bear in mind, legal fees are expensive. Your insurance company should provide you with counsel.

The first thing to ask your lawyer is to investigate the statute of limitations. You said it happened 3 years ago - well, the statute of limitations for most torts is about that time frame, so get the lawyer to investigate that for you.

Don't panic! Call your insurance company first (the one who insured you at the time of the accident). They'll have good advice for you -- and they should have been served as well!

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Thank you! And thanks for the disclaimer I did contact them today, the statute of limitations is 3 years, and the accident occurred Sept 29, 2003 so thats why I got it now. Thanks for the advice!

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Posted by IslandPrincess


Thank you! And thanks for the disclaimer I did contact them today, the statute of limitations is 3 years, and the accident occurred Sept 29, 2003 so thats why I got it now. Thanks for the advice!

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Ugh!

Well, the good news is that the money should be paid out by the insurance company covering you at the time and you shouldn't have to pay anything out of pocket. Chances are that she will settle with the insurance company rather than go to the expense of a risky trial. Even if she has her lawyer on contingency, I doubt the lawyer would want to risk the time and expense of trial when he could have a faster settlement...

But good luck to you!

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Posted by IslandPrincess

I was involved in an accident three years ago when I was distracted by the person behind me who was tailgating me, and I rearended the person in front of me (I know, I should have pulled over and let that *** get in from of me but that's besides the point) I've gotten a few certified letters in the mail from my insurance company warning me that I might get sued, and finally I was served with the papers today. I need to find an attorney and all of that fun stuff this week, but does anybody know exactly what goes on after I am served with the papers? It says she has permanent disability, all of that, but her lawyer has the same last name as her.. Hmm..... I know if I have to go to court and see her I will start to cry b/c I already feel bad

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your insurance company should represent you. They have in house attorneys that will assist the insurance company. Getting an attorney on your own would be an un needed expense.. Don't worry about what the suit papers say. It is just her attorneys way of fluffing the case. I work for an ins company Call them ask them what the next step is.