My wife had a car accident last year where she ran into another vehicle (commercial) because the roads were slippery. The accident was ruled her fault, but no ticket was given. Insurance paid for everything, including any medical bills. Now, a year and half later the driver of the vehicle is suing us for tort. We did everything right. Does this person really have a case?!?!?!?!?
2006-10-17 20:29:38 · 10 answers · asked by TrainerMan 5 in Politics & Government ➔ Law & Ethics
Contact your insurance company immediately. Normal practice is to get a release before paying any amount for damages. If they paid, they should have gotten one. They are probably required to provide you a lawyer and may be liable for all or some of any additional damages that may be due, if any.
I don't know what you mean by "ruled her fault." Was there a trial? Ruled by whom? Some cop expressing his opinion on the side of the road carries no legal weight.
2006-10-17 22:35:21 · answer #1 · answered by Cajunsan 4 · 1⤊ 1⤋
Most likely. It depends on how high the hospital bills the other driver had. Also depends on how much your insurance settlement is. A lot of the time, people will still file a lawsuit after the insurance money is offered (or paid out) because the policy limits on the adverse driver (your wife in this case) is smaller than the hospital bills.
That is my experience working for an attorney, I don't know your situation. You need to contact your attorney and see what you should do.
2006-10-17 20:40:28 · answer #2 · answered by s 3 · 1⤊ 0⤋
Go to your insurance company immediately. When any settlement of the expenses are made, a waiver is usually signed by the claimants revoking further claims stemming from the incident. They will be able to offer at least some advice in the matter, and will most likely assign some legal defense counsel to review the matter with you.
In answer to your question, yes a case is winnable under the following circumstances: If the damages exceed your policy liability limits, if they can sufficiently show some type of willful or negligent conduct, or if there was no waiver signed protecting you when the insurance company settled up with them.
2006-10-17 20:43:23 · answer #3 · answered by CJ 2 · 2⤊ 0⤋
Anyone can bring a case, and if the judge doesn't consider it frivolous, it will move forward. If this is resulting from the accident, your insurer should still be acting for you and you should not deal directly with these people, regardless of what they say. You don't mention what the details of claim are - but I'm assuming they want something your insurance company does not believe is a proper expense. Let your insurance company deal with them.
2006-10-18 02:54:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Anybody can sue anyone for anything as long as they can find an attorney to take the case.I would check out the statues of limitations,to see if the time to sue had expired.Also go ahead and get an attorney and see if it was really her fault.It's been so long I doubt any of the witnesses will be able to clearly remember every detail.Good Luck!!
2006-10-17 20:44:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Check and see if the driver was paid by the insurance...If he was already paid, he probably doesn't have a case since he may have effectively settled the claim.
2006-10-17 20:41:04 · answer #6 · answered by feanor 7 · 1⤊ 0⤋
When they other party accepted the payment did they sign a paper that said they accepted that payment and that they could not come back for further damages? If not, then yes they can sue you or your insurance company for the new damages incurred.
2006-10-17 20:41:00 · answer #7 · answered by mischa 6 · 1⤊ 0⤋
He has to prove a loss of some sort , due to the accident .
Talk to your insurance co.
2006-10-18 00:51:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Check the claims with your insurance company to make sure he isn't trying to "double dip."
2006-10-17 21:00:53 · answer #9 · answered by Anonymous · 1⤊ 0⤋
They sure can. She was found to be at fault and if there were medical bills, there had to have been injuries. I'd try and settle out.
2006-10-17 20:34:12 · answer #10 · answered by Anonymous · 0⤊ 1⤋