Why I am being sued?

Question

On a Stop Sign, Truck infront of me take off, and stops all of sudden, I rear ended that truck by my car, and got a small scratch on on my bumper.
This happened in August 2004. There were three people in that truck. They call 911, nothing was reported.
Next day they call my insurance company, upon looking into their
paperwork and dur to just soft tissue injuries, My insurance offered them just $450.00 in claims.

They went to small claims on November 2004 without notifying me, but they took the case off due to some reasons. I got a paper from small claims court regading the cancellation of case.

Now this year August 2006, they filed a small claims against me directly without involving insurance company. I have a court date in Feb. 07.

Please help me, what should I do. Now they are claming $7500.00 each person. (Total 3)

Answer 1

Your insurance company owes you a defense per your policy. Call them and they will get an attorney for you to handle this. They will tell you what to expect in the process. The statute of limitations must have been 2 years from the accident date and it took them from August of 2006 till now to serve you with suit papers. This is a VERY time sensitive issue and you need to call your carrier asap!

Answer 2

Whatever you do, keep the paperwork where case already went to small clims and denied. Also, check the statues of limitations. In alot of states, after one year, they can't sue. When you have insurance, they are suppose to be there before they go after you. I smell something that sticks in this one. This is a good example of the insurance scams out there. Consultation with a lawyer is usually free or resonably cheap. Spend the money to protect yourself against the idiots.You say nothing reported, but I would check for some type of police report. They should have medical bills to back up personal injury. Seek advice

Answer 3

notify your insurance company immediately, they will represent you and are most likely responsible for any damages. Also get the specific dates in august. In my home state, the claim must be filed within 2 years, and many laywers recomend waiting until the end to file in case any further health complications may arise. This is not uncommon and the way unsettled claims work is that you will be sued not the insurance company, however the insurance company should still be liable for the damages.

Answer 4

What a scam!

I will say though, you were definetly at fault, but im sure you know that already. Does sound shady, I wouldn't be surprised if they set you up. From my limited knowledge of insurance (i've never been in an accident), I thought if it was your fault, your insurance company paid off the other insurance, and your rates went up. End of deal.

Hope it all works out, and they don't get a cent.

Answer 5

First you need to see if there was an official incident report filed on that day at the police department. And if not you need to have the police department type on letterhead of such findings. It seems that they are trying to find Lucky's Gold in your banking account. I'd hire me an attorney. Did you take any pictures of the incident to establish what damages may had been done at that time. If not ask you insurance company. In order for them to assess damages they have to take pictures. Also did they receive and accept the $450.00 from your insurance company. If they did and cashed that check, they had to sign forms stating that they agreed to the settlement. If they did, they are paid and cant get anything from you! In turn I would counter sue for fraud! You need to talk to your insurance company and see what all they did to take care of the matter. A police report would be great, to establish who actually was at fault. Without that its their word against yours unless you have pictures and witnesses! Also, they should be trying to sue the insurance company and not you. You was insured and it seems to me that the insurance company was giving them what they thought the injury's was worth. I'm curious did they file for damage to their truck?

I hope you get through this without having to pay those leeches a red cent! It took them court dates and 2 years to try to get paid. Come on anyone can see they are in it for the money! Good Luck!

Answer 6

Contact your insurance company and they can arrange a lawyer for you. Since they had already settled, the claim should be denied or the insurance company would have to continue payment.

Answer 7

Call your insurance company immediately and notify them of the situation.

Your insurance company has the duty to defend you up to the policy limit of your bodily injury liability coverage limit.

However, not all states require vehicle owners to carry bodily injury liability coverage (Florida is one example). If you do not carry bodily injury liability coverage, then your insurance company has no duty to defend you, and you are on your own.

Answer 8

In most states, if you hit anything from behind you are at fault. Agree or not, thats the way the law reads.
Call you insurance agent and get their legal department on it. Thats why you pay the premiums.
Sounds like a insurance scam, as in they caused the accident, to me.
Just my opinion, I could be wrong.

Answer 9

Call your insurance company at once. These scammers are simply trying to slide in under the two year statute. This is the work of a low-life POS lawyer.
Welcome to the new America.

Answer 10

You should call your insurance company IMMEDIATELY. Your policy requires you to notify them and forward all summonses to them immediately.

You are at fault in this instance, but your insurance company will cover you.