QUESTION
How can I be sued a year after a car accident if I have nothing?
Asked on Jul 11th, 2014 on Personal Injury - North Carolina
More details to this question:
On July 3rd, 2013, a year ago, I was involved in a car accident. I wasn't paying enough attention and misjudged the distance on an incoming car while making a left turn into a store parking lot. I admit I made a mistake, and it's the only one I've made in at least three years (including speeding tickets, or any other traffic violations). The other party involved seemed fine, I saw them get up and walk around, my car had more damage then theirs. I had thought everything was taken care of, they accepted the offer from my insurance company, that paid for their car, and then some. But when I came home tonight, I received a summons, mind you, a year later, she is suing me $10,000. I work a retail job making $7.50 an hour, at 10 to 29 hours a week (I never know how many I will get any given week). I live with my parents and can hardly afford anything, the only thing I own is my little car, not really worth anything. What can I expect to happen? Any and all help will be much appreciated.
1 ANSWER
Social Security Attorney serving Raleigh, NC
at
Lanier Law Group, P.A.
Update Your Profile
Dear Anonymous,
Most likely the person who you hit in the car accident had some form of injury, even if a small injury that wasn't readily apparent right away. It sounds like your insurance company satisfied the property damage claim that person had, but did not yet settle the bodily injury claim. The other person is probably represented by a Plaintiff's personal injury attorney who initiated a lawsuit either your insurance company refused to make an offer for bodily injury, or didn't make an offer that was sufficient for the person you hit.
In any event, it is most likely that your insurance company will pay for and hire a defense attorney and pay for any eventual settlement or trial verdict against you. It is highly unlikely you will ever have to pay anything out of your pocket, though your insurance rates may very well increase as a result of an at fault accident. The law says, however, that the person you hit could not directly sue the insurance company; they had to sue you as a matter of law, though for all practical purposes, it is still your insurance company that should take care of everything. You should immediately contact your own insurance company to make sure they know you have been sued.
This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format.
Answered on Jul 18th, 2014 at 6:58 AM