QUESTION
How long and what are rights involved if husband is being sued by other driver insurance?
Asked on Apr 29th, 2013 on Personal Injury - Florida
More details to this question:
I lease this vehicle. My husband was driving at the time we were hit by an SUV on January 2012. So far, the other driver's insurance has put suit on, almost immediately after the accident. It’s against our insurance. (PA) WE have full tort, we're thinking he had limited, because it was an older vehicle, because we got railroaded. My husband got the fine, paid it, (more or less admitted guilt). He didn’t want to fight and wait a long time to fight the police who are friends with the adjuster, we didn't stand a chance. He's not well, just wanted it over with and so far, we are just hearing from our insurance that nothing is happening. The other driver is suing for injuries. Even though he walked around just fine and to top it off, he's an insurance adjuster, talk about someone knowing all the loopholes. So, we are asked how high our insurance paid out, and we decided not to sign the paper, as we think the other party wants that full amount. So what happens now, why the wait, our insurance tells us that it is just pending, and it can take a few years. Can the other driver sue us personally? We don’t have anything, own nothing and we have no money. My husband is on disability. It was just that one day. He was taking me to the doctors as I was unable to drive. Our insurance paid to have other party and ours vehicle fixed, now we are on a waiting game. Can they go against me as well, or just my husband? We are scared, no money, barely get thru for food, and pay rent. We have no way of what is happening or what is next, any help or advice would be appreciated.
9 ANSWERS
Ronald A. Steinberg
Turn this over to your auto insurance company for handling. If you do not have auto insurance, then hire a lawyer. To win, either you or the other party has to prove whose fault the accident was. If your husband was struck, then perhaps the other vehicle was speeding, following too closely, etc. A lawyer can figure it out.
Answered on May 02nd, 2013 at 3:20 PM
The lawsuit is against your husband who was a permissive driver so covered by your own insurance. You may be confusing a "claim" with a formal lawsuit. Were you served with a "summons and complaint" If not, it is still only a claim. The other driver has two years in which to sue you. Your insurance company will handle the lawsuit and will pay, if necessary, up to the full amount? of the policy to settle the case. Even if a person is injured the symptoms will not necessarily show up at the accident scene. The police might be friendly with the adjuster but hare not friends willing to risk their jobs by preparing a false police report. I do not know what papers you are referring to that you did not sign.
Answered on May 02nd, 2013 at 2:11 AM
Administrative Law Attorney serving Phoenix, AZ
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Jennings, Strouss & Salmon, P.L.C.
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These are questions that would probably be better directed to your insurance company, but I'm happy to offer some general advice. The other driver has the right to sue if he felt that you are at fault and he sustained personal injuries. If the other driver's damages exceed your policy limits, he has the option of going after your assets personally. From how you've described your financial situation, the other driver will almost certainly opt to settle with your insurance company rather than pursue you personally. Personal injury lawsuits can move slowly, often taking several years to wrap up. Hang in there.
Answered on May 02nd, 2013 at 12:55 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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There are far too many questions to answer here, and not enough information. For starters, if your husband was in an accident and the other driver has a claim against him, your insurance company IS NOT the party sued, YOUR HUSBAND is. If you are a registered owner of the car, you can also be sued. If, in this case, you are the named lessee of the vehicle, you can also be sued. If you had full insurance coverage, your insurance company will handle the claim for you and, if you are sued, hire an attorney to defend you in the lawsuit. If you HAVE been sued and you do have counsel, he/she should be available to you to answer any questions you may have. If you do not have an attorney yet, you need one IMMEDIATELY to get more information from you so all of your questions can be answered, hopefully before it is too late to do anything.
Answered on May 02nd, 2013 at 12:54 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are wrapping up your whole life in a small accident? Turn the matter over to your insurance co. if you are liable your company will pay. If you are not that will be the end of it
Answered on May 02nd, 2013 at 12:46 AM
James Eugene Hasser
Let your insurance company handle it. You wouldn't have any liability in Alabama, only the driver. If your husband is worried about a judgment in excess of the policy, in Alabama, if he tells the insurance company to settle within the limits and they don't, the insurance company could be liable for the entire judgment.
Answered on May 02nd, 2013 at 12:22 AM
It sounds like you have liability insurance. Do you know your limits of coverage? Has a suit been filed or are they just negotiating. If you have no assets, it is possible that the other party will be satisfied with policy limits, if appropriate, and an asset declaration from you and your husband showing you have no assets. Your insurance company has a duty to defend you and will appoint a lawyer to look out for your interests. Work through that lawyer, don't sign anything without consulting with your lawyer. Don't give a statement to the adverse party until you have a lawyer to represent you and explain the process.
Answered on May 02nd, 2013 at 12:19 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your insurance company should be providing you with an attorney to defend you against this litigation. That attorney is the best source of answers to all of your questions.
Answered on May 02nd, 2013 at 12:04 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Whoever got the ticket is not admissible into evidence as it doesn't mean someone was at fault. Just let your insurance company handle it, and quit worrying.
Answered on May 02nd, 2013 at 12:03 AM