being sued

[dzneprincess]

Hi all
Basically I am looking for reassurance from people who have been there done that. Almost 2 yrs ago my dh had a fender bender he ran into someone from behind. When it was all said and done he had 1600 worth of damage and she had 700. Insurance has already paid that. Well we got served last night. The ins (state farm) had sent me a letter a week ago warning me this might happen but it has really sent my nerves on edge and made me anxious and panicked. The ins person told me that they will fight this to a jury if need be and not to worry. But I could really use some reassurance and stories from people who have similar stories.

 

[Tiggeroo]

my dd had a more serious accident in which she was the middle car in a three car smash. She was sued as was I. It drug out for a long time with the insurance handling everything. Then poof it went away.

 

[SC Minnie]

My mom and her husband were in an accident too- her husband's fault. Their insurance company handled everything. The other people did sue but State Farm represented them in court (mom and her husband didn't even have to appear).

 

[SeaShelley]

What are they sueing for ???

 

[Praying Colonel]

For about 8 years I practiced "insurance defense" law, which meant I would be the person the insurance company would retain to defend you if you were sued from an automobile accident. I can tell you that the insurance companies take this seriously, as do the attorneys retained to represent you. They will defend the case vigorously. Just cooperate with the insurer and the attorney they will retain to represent you. Hang in there.

 

[GJM]

This happen to me. I hit a car in the parking lot, it was one of our company cars. I was hardly even moving. There was no damage to my car or the company car.

I get a letter about a year later saying the person in the car is suing. They were involved in an accident before this happen. I told the insurance co. I will do whatever it takes for them not to get a dime, because they were just looking for money.

When the case went to court, the judge threw the case out - and they got nothing!

The insurance co. handled everything.

 

[Mkaz]

I hope this doesn't happen to us. My husband was in a minor accident this morning. The guy in front of him stopped for a pedestrian, so my husband stopped. However, the person behind my husband did not. He drove right into the back of my husband's truck. He ended up getting stuck on the tow hitch, causing some pretty extensive damage to HIS car. Luckily he did not drive my husband's truck into the guy that was stopped in front of him. My husband will need a new bumper for his truck, but that is all.

The guy that hit him was having a really bad week. He hit a deer with his car so he was driving his father's car to work this morning. I just hope that this sort of thing doesn't happen to us, even though it CLEARLY was not my husbands fault.

OP: Sorry this is happening to you. I am sure it will work out fine.

 

[dzneprincess]

my dd had a more serious accident in which she was the middle car in a three car smash. She was sued as was I. It drug out for a long time with the insurance handling everything. Then poof it went away.

Well I hope this just goes away too! I don't know why this has me so nervous. I guess just not knowing what to expect.
Thank you for taking the time to post.

 

[Tiggeroo]

They sent many large packets of papers for us to continually review. They also frequently sent papers requesting a deposition. However,dd lived away at college and they always sent them for dates she was at school. This allowed her to get excused and they would change the dates. In the end she was never deposed. However, my dd was 18 when this accident happened and a law suit was primarily aimed at her. She had noghting, she was a 19yo college kid.

 

[dzneprincess]

My mom and her husband were in an accident too- her husband's fault. Their insurance company handled everything. The other people did sue but State Farm represented them in court (mom and her husband didn't even have to appear).

Thank you so much for posting this has helped my nerve a bit!

 

[jodifla]

Well I hope this just goes away too! I don't know why this has me so nervous. I guess just not knowing what to expect.
Thank you for taking the time to post.

I had this happen to me. As a freshman, I was in an accident with a motorcycle. 6 years later, they sued me (coincidentally, they were trying to start a business about the same time.)

I had to give a deposition, but basically, the insurance company handled everything and it went away. I can't remember how much the company paid them.

Most likely, these people are looking for easy money. Your insurance company will deal with it...that's why you have insurance!

 

[dzneprincess]

What are they sueing for ???

If I am understadning the legalese it sounds like pain and suffering?

 

[dzneprincess]

For about 8 years I practiced "insurance defense" law, which meant I would be the person the insurance company would retain to defend you if you were sued from an automobile accident. I can tell you that the insurance companies take this seriously, as do the attorneys retained to represent you. They will defend the case vigorously. Just cooperate with the insurer and the attorney they will retain to represent you. Hang in there.

Thank you so much for your words! They have really helped as well.

 

[allison443]

If I am understadning the legalese it sounds like pain and suffering?

That means they are claiming they sustained personal injuries in the accident. Of course anyone can "claim" anything but whether it can be documented and medically proven is another story.

OP, stay in contact with your insurance company, they will hire an attorney to represent/defend you. Make sure you cooperate with your attorney. They should be willing to answer any questions or concerns you may have. They might be able to give you an approximate timeline of how long everything should take. I have done this work for many years. This is why you paid insurance premiums all this time, right?

 

[Mrs.Toad]

I was in an accident 20 years ago that was completely my fault. There was more damage to the cars than you described, but not too bad and there were no injuries.

The other driver sued me for $250,000, for things like pain and suffering, lost wages, and "loss of earning capacity". I remember that last one well, because it was so odd. Like, he can't do his job as well anymore? He walked out of the car and said "don't worry about me, I'm fine".

The insurance company hired the lawyer and handled everything. I just had to go give a deposition. The guy was awarded about $10,000, which the insurance company paid.

Try not to worry too much. People can be real jerks and sue for anything and everything, but that doesn't mean they'll get away with it.

 

[MushyMushy]

My dad was sued about a year or so ago. It stressed my parents out to no end, but the insurance company (Progressive, I believe) was wonderful and handled everything. They told my dad not to worry about a thing. It did end up going to court and we went with my dad for support -- it didn't go in front of a jury. I think if it had, the woman wouldn't have gotten a dime.

Turns out, she seems verrrrrry sue happy. My dad had hit her with his antique car. He was in a parade, and she cut through the parade route with her car. He didn't see or expect anybody to be cutting through the route, so he ended up hitting her at a very low rate of speed. Her car was barely dinged. The attorneys turned up all these medical records for her for years going back for the same injury she was claiming in that accident, plus they had proof that she'd been in another accident months before. The previous accident was the type to cause her neck injury, where a side hit supposedly shouldn't have. They still awarded her $2500.

I'm still ticked about that, but again, the insurance company took care of everything.

 

[mzspaz]

OP, I feel your nerves! I was there myself.....

On the Monday right after a long New Years Holiday weekend several years ago, I opened my front door to find a police officer standing there. The first thing that ran through my mind was "great, what has DH done now and what a way to start to New Year". My jaw hit the floor when I found out he was there for me and he was serving me with papers from an accident 2 years ago!

Thankfully, he was nice, told me to call my insurance agency and they would handle everything. That is what I did. I called my agent and she told me to bring the papers by the office. They made a copy for me and told me not to worry, they would handle everything, which they did.

It took 2 years to work everything out. I heard from the insurance companies lawyer a few times, she kept me updated on everything, told me what to expect, and was really good at calming me down. She knew that it would drag on and that the plantiff would change the date several times. She told me that the other attorneys did not have much courtroom experience and that they would keep delaying the case in hopes of reaching a settlement. she said that a settlement had already been offered by the insurance company, I think something like $5000, but they wanted more so they decided to sue for $40,000 for pain and suffering (this was for a minor fender bender in which an ambulance was not even called and they were both out of the car walking around, and drove the car off afterwards).

The insurance company did everything, the only thing they asked of me was that I be available for a deposition. that was the only hassle, is that I would set time aside to go to court, and the other side would delay it.

Finally, something worked out and they only got the original $5000 that my insurance company offered.

Was it a hassle.....yes in a minor way. But at the same time, all those horrible scenarios that I imagined in my head that first day I received the papers, didn't happen or didn't even come close to happening.

The best advice someone gave me when I was going through that:
"This is what we have insurance companies for, to do this worrying for us, that is why we write them a check every month".

Good luck!

 

[seashoreCM]

Notify your insuance company, sending them copies of everything.

:The guy in front of him stopped for a pedestrian, so my husband stopped. However, the person behind my husband did not. He drove right into the back of ...

In an earlier lifetime I was the guy in front. The one in the middle did stop in time but the one in the rear slipped on the icy road and hit the one in the middle pushing the latter into me! The last car had its headlights smashed and as the days were short in winter, here was one driver who would have to leave work early, that is, before dark.

 

[Disney1fan2002]

I was sued years ago. Honestly, I remember getting the letter stating I was being sued, and that was the end of it. I was not being sued, my insurance company was. I never heard a thing. I guess they settled out of court, and the lawyers had it thrown out. I talked to one of the lawyers, and he said he had a pile a mile high on the woman's past lawsuits. Seems she gets rearended alot, and then yells "my neck, my neck".

OP, not to worry. This is why you have insurance. They will fight this battle.

 

[Castlebound]

I went through this a few years ago. I started to pull out in an intersection after the car infront of me. I had gotten out into the intersection a few feet when I saw a car coming. I stopped and there was room for the car to go around me but they hit me going about 50 mph. The guy in the car was in his mid-70's and a pearcher at a local church. One of the offficers at the scene said that while it was officially my fault the other driver could have avoided me. Since he was in his 70's they took him to the hospital because he had some bruising at his shoulder from the seatbelt. Fastforward 4 years 11 months and 3 weeks. There was an officers knocking at my door to serve me papers. I didn't have a clue what to do. So I started calling lawyers and finally one told me to call my insurance company. I called and they said that they had also been served that day. In Missouri there is a time limit to how long you can sue and they were a week from the deadline. They also tried to serve my DH who wasn't even in the car. This now 80 something year old preacher was suing me for $250,000 because he couldn't perform his husbandly duties anymore! The insurance company took care of it all. The only thing I had to do was give a statement. The preacher did not get $250,000 but settled for $5,000. Even at $10 a pill that is a lot of Viagra!