QUESTION
Can another persons insurance company sue me? And, will I have to pay the judgment?
Asked on Dec 10th, 2013 on Debtor and Creditor - Florida
More details to this question:
My sister was involved in an accident a year ago. She rear ended a car. Now the other persons insurance company is suing her stating that they "have paid a total of 25K in uninsured/underinsured motorist benefits to their client". Listed benefits are for "injuries, pain and suffering, lost wages, medical expenses, damages....". My sister has a family of 7 (herself, husband and 5 children). They live paycheck to paycheck and they receive government assistance for food stamps and medical. They don't own any property, other than their vehicles. Having to pay for this judgment will cause extreme hardship in the family. Is there anything in the law that can protect her? I thank you in advance for your time and assistance.
1 ANSWER
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Here’s the short answer – anyone can sue anyone… the real issue is whether a law suit will be successful. Can the other party’s insurance sue your sister to recoup what they paid in uninsured/underinsured? You bet. Now, whether there’s a defense at law to help protect her in a lawsuit or potential judgment, I simply can’t say on your description alone. From your description, a lawsuit for the $25,000 has been filed and served against your sister. I’m assuming this happened recently and no Clerk’s Default or Default Judgment has been entered. Once served with a lawsuit, she has 20 days to file a response. She needs to consult with an attorney ASAP. If she has any defenses, she needs to raise them properly and do so before a default is entered against her.
Answered on Dec 11th, 2013 at 3:32 PM