My son was recently in a car wreck. He was driving down an expressway in the rain. His car hydroplaned and spun hitting another car. We have just received a letter from a lawyer stating the other driver is holding my son responsible for his injuries and is suing due to his " permanent and disabling injuries". My son is insured. The other driver was able to drive away from the accident. Certainly I will contact our insurance company after the holiday weekend, but my question is; what happens then? I know accidents and law suits happen all the time - but never before to my family. Thank you.
2007-08-31 13:51:13 · 16 answers · asked by edkerns1 2 in Cars & Transportation ➔ Insurance & Registration
Please kindly ignore the bulk of the answers on here. Some of them just don't even make any sense. ;)
Okay, first thing you need to do?
Take a deep breath in, then out. You're going to be -fine-.
One of the beautiful things about paying someone for your insurance is that you have this huge company behind you that has your back. And that company is filled with brilliant lawyers that will gladly go to bat for you. Don't bother yourself with contacting the lawyer yourself - that'll just add to the stress! There's also no reason for it, as that is what your insurance company should be doing for you.
Then you contact your insurance company and have your son there with you so he can make a statement about what happened. Tell them about the lawyer, the letter, and the accident. Make sure your son mentions the fact that the driver got out and walked afterwords, but please keep in mind that seriously, having the ability to get out and walk really means nothing. Most people are in such shock and running off of adrenaline after an accident that they don't even feel pain till after they've slept since that calms the muscles down to the point that they will relax. Your claims department will know this, but they'll also know what's practical and logical in that situation.
They are going to handle everything for you, don't worry. The most they'll make you do is submit the claim and do your part of the claims process, which is actually very little.
DON'T WORRY! :)
2007-08-31 17:06:23 · answer #1 · answered by Miss Meli 3 · 2⤊ 0⤋
Getting Sued After Car Accident
2016-11-04 12:53:11 · answer #2 · answered by czaja 4 · 0⤊ 0⤋
The letter you received is only a scare tactic....you're scared, so it worked. But you're not being sued. You know you've been sued when a process server bangs on your door and serves you with legal documents from the court that say you're being sued. It's one of many tactics these dirt bag scum sucking attorneys do to trick YOU into turning on your insurance company and hiring them for a bad faith lawsuit against your insurance company....but that's another issue altogether.
As your son is at fault for the accident your insurance will cover the other persons property damage claim. Any injury claim will be evaluated and paid based on its merits, and it very well could be denied based on its merit--or lack thereof.
You don't have to hire an attorney UNLESS 1) you are sued and 2) they are asking for damages in excess of your policy limits. Otherwise, the insurance company will pay to defend the claim and pay damages up to your policy limits. They only pay valid claims, not fraudulent ones.
Most insurance carriers now have either 24 hour claims reporting services AND/OR allow you to file the claim online. Do not wait until Tuesday, file the claim now.
2007-08-31 16:57:39 · answer #3 · answered by bundysmom 6 · 0⤊ 0⤋
It is a possibility that they could pursue you or your son for additional money if your insurance does not have enough to cover their medical bills. Does your son have an auto policy on his own vehicle? Or does your wife have a policy on her own car? If so, those policies may be secondary and I would recommend immediately filing a claim with them. If your wife has a policy and he is considered to be a resident relative of her home many auto policies will say that he is defined as an 'insured person' when using another persons vehicle (in this case using your vehicle). Insurance does follow the car but if there are any other policies out there that could be secondary you should make a claim. Also just to let you know your insurance company should do everything they can to get the driver of that vehicle (or their attorney) to settle for your policy limits. Many times they can get them to sign a release but if their attorney refuses they may end up doing an asset check on you or your son to see what, if anything, you have that they can pursue. I would recommend speaking with your insurance claims representative for status on what is going on with the claim.
2016-05-18 02:17:45 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Are you in a no fault state? If so, the insurance will handle everything and no lawyer has anything to gain by suing your son. Also you your liability insurance carrier will represent you in any lawsuit. If your son done nothing wrong and the car was in good running condition, then no sane jury will award the other driver anything. You're being pursued by an ambulance chasing lawyer trying to scare you into some kind of settlement.
Stay calm and listen to your insurance company. Do NOT make any statement to the lawyer or the insurance carrier of the other driver.
2007-08-31 14:00:20 · answer #5 · answered by notadeadbeat 5 · 2⤊ 2⤋
you should talk to an attorney and see what he says about it, you should also contact you insurance company and see what they are going to do about it, just because someone drove away from the scene of an accident doesnt mean they didnt suffer injuries there could be spinal damage or internal damage that they didnt realize at the time of the accident, since it was your sons fault he should be held responsible for the accident you insurance company may not cover all medical bills if yuo have only minimal coverage
2007-08-31 14:07:44 · answer #6 · answered by wrenchbender19 5 · 0⤊ 1⤋
Nothing will happen.This is a formality used by other drivers to try and collect a sizable amount of money easily.Give it to your insurance company and chances are nothing will ever come of it.That's what insurance is for.It is a scare tactic and this will probably be the last you hear of it.
2007-08-31 14:07:02 · answer #7 · answered by tconroy 2 · 0⤊ 0⤋
ask your insurance company. if you have liability,, which i'm sure you do. the q is how much personal liability on your policy is there? it better be,bare minimum, 1 mil. if not , let your own attorney know about it, at least a phone call to give him/ her a heads up. but start with your ins co. that's why you have insurance.....btw, slam dunk cases involving minors who drive on their parents policy are goldmines for victim's attorneys and they will prey on you until they milk you dry. yeah, they'll go after your house and any/all assets. good luck.
2007-08-31 14:04:36 · answer #8 · answered by 27ysq 4 · 0⤊ 1⤋
Well when you talk to your insurance company or the judge or whatever just be sure to use the facts. Such as, "If he is permanently disabled, how did he manage to drive away, and why would he drive away?"
2007-08-31 14:35:14 · answer #9 · answered by ChiCo 1 · 0⤊ 0⤋
this letter you got it kind of intimidating,but let the insurance company's deal with it,all you have to do is call your insurance company and turn it over to them,they might sue you ,but winning this is another thing,the judge may see it differently,i wouldn't let it ruin my holiday,let the insurance company deal with it,that's what you pay insurance for,good luck on it.
2007-08-31 14:01:23 · answer #10 · answered by dodge man 7 · 1⤊ 0⤋