NWR: just got served papers

Original post by IslandPrincess

Sep 12, 2006 09:12 PM

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

MnM52607 Posted: Sep 13, 2006 01:53 PM

Re: NWR: just got served papers

The same thing is happening to FH. I hope everything works out for you. It could be a long, drawn out process.

bellaro782 Posted: Sep 13, 2006 01:58 PM

Re: NWR: just got served papers

Your insurance company will provide you with an attorney you have nothing to worry about .. ALL complaints say that the plaintiff is sueing for 1 million dollars and they are perminitly disabled and all that stuff .. I mean if you saw her get out of the car after the accident then DONT WORRY LOL.. your attorneys will handle it .. You might have to go to a Deposition and stuff but dont worry ..

Kara and Todd Posted: Sep 13, 2006 02:02 PM

Re: NWR: just got served papers

Another thing to keep in mind is that the complaint is going to be aiming WAY high in terms of how much money they want. They really shoot as high as they can in the complaint - I think this is because you cannot amend it easily (Or at all?) if you want to change the amount of damages... Anyway, like someone else said, don't be frightened if it looks like they're looking for a ton of money... They all do that - very few people get what they're asking for, and they don't expect to get what they are asking for!

sr081906 Posted: Sep 13, 2006 02:04 PM

Re: NWR: just got served papers

Posted by MrsBartonToBe

WHAT?!?! THere is NO WAY someone became disabled by a REAR END accident!!!! Unless you totally blew through her entire car which I'm sure you didnt! And the nonsense with the lawyer having the same last name is a biitttt shady to me... Doesnt sound legit... CALL YOUR LAWYER!

That's actually not true. My car was rear ended several years ago with very little damage to my car (if any scratches on the bumper).

I had to do physical therapy for 6 months. Did not start feeling better until 2 years later.

I still have back problems to this day due to scar tissue.

*********

Yes, go to your insurance company immediatelly. They why you pay them.

It is very suspicious though that they contact you 2 weeks before the status of limitation.

Kara and Todd Posted: Sep 13, 2006 02:13 PM

Re: NWR: just got served papers

It is very suspicious though that they contact you 2 weeks before the status of limitation.

It's not really that suspicious - many people do it. Lots of complaints are even filed the day before the statute is up! This is done for a variety of reasons - some of them tactical and some of them coincidental.

It stinks that she waited this long and that her timing coincides with you planning your wedding, though! I just hope it doesn't get too drawn out and hairy!

TaraJohn Posted: Sep 13, 2006 05:56 PM

Re: NWR: just got served papers

your insurance co will provide a lawyer and a defense for you. You actually have to do very little. You should forward a copy of the summons and complaint to your insurance co. As long as you had insurance, everything should be ok. Usually these things settle w/o ever having to see the inside of a court room. Try not to stress......this happens to a lot of people. Most likely they are just looking for some quick money. Your ins rates may rise a little, but i don't think much else will happen (unless it was a really bad accident where someone died or if you were drunk)

CLMon7906 Posted: Sep 13, 2006 06:08 PM

Re: NWR: just got served papers

Posted by Kara and Todd

It is very suspicious though that they contact you 2 weeks before the status of limitation.

It's not really that suspicious - many people do it. Lots of complaints are even filed the day before the statute is up! This is done for a variety of reasons - some of them tactical and some of them coincidental.

It stinks that she waited this long and that her timing coincides with you planning your wedding, though! I just hope it doesn't get too drawn out and hairy!

I'd take a lot of this advice from Kara seriously. DH's grandfather was sued by a tenant for a fall she had during an ice storm. the insurance company has had to provide him with legal representation. The 'old' company has to handle it. You were covered under that and that is why we have insurance. DH's grandfather was sued for far more than his policy covered. As far as I know they either settled for far less or it got dismissed. They aim high so they can get what they really wanted/needed.

tricia3381 Posted: Sep 13, 2006 06:09 PM

Re: NWR: just got served papers

your insurance company should be covering ur court costs.

IslandPrincess Posted: Sep 13, 2006 08:37 PM

Re: NWR: just got served papers

Thanks for all the advice. We talked to the insurance company today and everything is fine. They said that her lawyer is being a real ******* and won't show them any medical records or anything, but other than that, it's fine, so hopefully it will work out - thanks again!