Just less than 2 yrs ago, I was in a wreck in Texas. My truck had no damages and I was not hurt. The other vehicle was from Louisiana. She & her son was not hurt. No police report was made nor did they go to the hospital. My insurance paid for her vehicle damages/rental of car. Today, I received a letter stating she is suing for mental anguish, pain, loss of wages, etc. Also for the child's pain. Can she do this? Do I need a lawyer? Help
2007-02-05 15:00:14 · 12 answers · asked by Angie 2 in Politics & Government ➔ Law Enforcement & Police
Give a copy of the letter to your insurance agent. You don't need to hire an attorney yourself.
Insurance companies are contractually bound to defend you up to the limits of your coverage, so they will hire an attorney to defend you if the woman has already filed suit.
If she hasn't actually filed suit, your insurance company's claim department will handle the claim until it's either settled or does go into litigation, at which point they'll then retain counsel for you.
Trust me, I'm a lawyer. There's absolutely no reason for you to spend your own money retaining counsel when you've already got an insurance policy that contractually obligates the company to defend you up to the limits of the policy. The insurance company refers litigation claims to counsel every day. It will be no sweat for them to retain experienced defense counsel for you, as they're obligated to do anyway.
The only reason you should consider retaining counsel on your own is if your policy had lapsed or was otherwise deemed inapplicable to this accident.
2007-02-05 15:10:05 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Yes. There is a statute of limitations on motor vehicle accidents, which is a civil matter. If that two years is not up, she can still sue you for any damages, whether its punitive, property, etc. Although your insurance had paid for the damages to her vehicle, it does not count toward the medical costs she and her child had, nor the lost wages she had while out of work. If she or her child is still in pain, you or your insurance company may have to pay past, present and future medical expenses. You will more than likely need to get an attorney for this.
2007-02-06 08:48:45 · answer #2 · answered by Çåŗőľîņẫ§ħŷġĭ®ł 5 · 0⤊ 0⤋
First, contact YOUR Insurance company, and see what they say. Secondly, RUN to an attorney... don't walk. Can she do it? Seems a little ridiculous, don't you think? She IS doing it, so obviously she CAN. Find out if there were any statutes of limitations. When you speak with your attorney, do tell him that there was no damage and no one was hurt at the time, and there was no police report or hospital report, and that the damage was already paid by the insurance company. Give the attorney all the details he/she needs.
Good luck and best wishes!
2007-02-05 15:10:02 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Talk to your insurance company first. If she accepted a payment from your insurance company she may have waived her rights to any further action. If they advise seeing a lawyer then get a copy of their paperwork to take with you. Usually when someone sues over an accident the insurance company gets involved first. If the person suing is awarded more than the policy limits then they go after you for the remainder.
2007-02-05 15:25:19 · answer #4 · answered by mustanger 5 · 0⤊ 0⤋
She is either telling the truth or desperately needs/wants money from you. I think you should get a lawyer. But like what someone else said before me, I don't think she'll get very far in court since it's been nearly two years after the accident.
2007-02-05 15:10:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Are you sure your insurance company paid her claim already? They would normally contact you prior to payout. You should get a detailed explanation of the process from you insurance company first, then a lawyer if you are still unsatisfied.
2007-02-05 15:19:24 · answer #6 · answered by zotzotzot 3 · 0⤊ 0⤋
i suggest getting an attorney the statute of limitations on a civil lawsuit is two years mostly because their attorneys try an put it off until the last minute for many reasons. based on my prior dealing with late in the game suits they are usually crap but never the less retain an attorney.
2007-02-05 15:10:02 · answer #7 · answered by joey529558 1 · 0⤊ 0⤋
Sure, she can sue. Can she win, probably not. If she accepted a payment from your insurance company she probably signed a waiver. First thing you do is call your insurance company, because they are on the hook too. I suspect their lawyers will represent you and them.
2007-02-05 16:49:17 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer. Chances are that the statue of limitations hasn't run out. Better to be safe than sorry.
2007-02-05 15:03:35 · answer #9 · answered by Anonymous · 1⤊ 0⤋
i would get a lawyer but i dont seeing her getting very far in court due to it being two years later
2007-02-05 15:04:11 · answer #10 · answered by bshelby2121 6 · 1⤊ 0⤋