Not as much about the suit, which is ridiculous. What we were wondering is this. My wife had a fender bender 2 years ago. We just got a notice that the person is suing us for an insane amount of money. Usually it is covered by insurance which we have. However she had a different insurance company than who she has now. Would the suit still be with the older company from the time of the accident, or would we need different representation?
2007-01-23 01:41:21 · 5 answers · asked by artisticallyderanged 4 in Politics & Government ➔ Law & Ethics
Call the ins company you had ins w on the day of the accident. PERIOD no maybe!!
Don't even bother calling your current company they have no liability as you weren't isnured by them on claim date. No benefit to calling, possible future hassle.
Not necessary to call a lawyer right now unless you just want reassurance. The ins company will need the papers you received ASAP, TODAY if possible & they will go from there w lawyers other co, etc
Just to clarify a few pts..police DO NOT determine fault. A ticket issued to the other driver doesn't mean they are automatically at fault unless the ticket was for failure to maintain speed/control to avoid an accident.
If you failed to report the accident it is not an automatic out for the ins company unless you didn't report it in an attempt to commit fraud. If it was a minor to "nothing much" incident there may have been no apparent damage to report & lack of calling it in is reasonable based upon your belief no claim was possible. If it was major &/or involved obvious injuries thats a different story.
2007-01-23 02:10:39 · answer #1 · answered by SantaBud 6 · 0⤊ 0⤋
Hopefully you and/your wife did the following:
1. Reported the accident to the police. If the police came to the scene of the accident and made a police report, get a copy of that. If the officer made any kind of notes regarding the other person was up walking around and said they were OK, that goes a long way in helping your case. If the police issued a ticket as a result of the accident that goes a long way also. The ticket says to the court who the officer believes caused the accident. If you did not personally report the accident, it is possible the other person did, in which case the police only got their side of the story. That definitely hurts your case.
2. Reported the accident to the insurance company at the time of the accident. They all have some short time limit for reporting accidents and making claims. If you have a copy of the claim and the acknowledgment of the company that they received it, they must cover the accident. If you decided not to report it to prevent a rate increase, the company is pretty much off the hook and you are on your own.
3. Kept copies of everything, reports, policies, etc.
4. If a settlement was made at the time of the accident or shortly thereafter, most of the time the insurance company will get a waiver against further claims. Check to see if that was done.
5. If you did report the accident to the old company, you need to report the lawsuit ASAP. The same kind of time factor is involved.
Bottom line, lets assume you did all of the above.
If the accident was your fault, the insurance company may just offer to settle out of court to avoid all the legal expenses. This is probably what the other side is hoping for, a way to get some money without a lot of work. Kind of like winning the lottery. (Again, if there had been a prior settlement, there probably was a waiver signed against further action.)
If the accident was not your fault, consider filing a counter suit. If the police issued a ticket to the other driver, you would have a valid case that they caused the accident and all injuries are a result of their actions.
2007-01-23 02:04:48 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
I would think her first insurance company at the time of fender bender.But do call a Lawyer so they don't walk all over you on this. Today everyone sues thinking it's their fast track to riches.good luck
2007-01-23 01:51:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
first thing to do is phone to your current insurance company, if they tell you to talk to the other company, call them, if both are unwilling to cover the damages get a lawyer, he can then sort out what company is responsible
2007-01-23 01:51:28 · answer #4 · answered by Preykill 5 · 0⤊ 0⤋
Insurance goes after insurance, you will have nothing to worry about as you had covererage, you probably won't even be asked to the court, as your ins. will send someone there on your behalf, don't sweat it, it will prolly get thrown out in court by an angry judge who does NOT want his time wasted !
2007-01-23 01:50:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋