QUESTION
My car was hit by a man in December of 2012. My insurance gave him an offer but now he is trying to sue me. How is he doing this?
Asked on Dec 23rd, 2013 on Automobile Accidents - Indiana
More details to this question:
My leased 2012 Toyota Corolla was hit in December of 2012 by an elderly man driving a 1988 station wagon.The roads were very icy and it was snowing.We both have insurance and I did not approach him to pay for anything because I felt neither of us were at fault and sliding on ice was unavoidable. My car had around $8,000.00 worth of damage. It was repaired and I have many fees and debts as result. In NOVEMBER of 2013 I received a letter stating that he had not heard from my insurance company and had no choice but to bring me to small claims court. However, when I spoke to the insurance company they stated that they had offered the man $2,000.00 for the car in early 2012. Now, in December of 2013, I have received a letter from a law office. Is this legal? I thought that only my insurance provider was to take care of this hassle. Do I really owe this man any money from my own pocket? It seems that I should be suing this man, but I just wish it would stop. Can you tell me what to do next?
1 ANSWER
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You need to turn this over to your insurance company immediately. They will pay for a lawyer to defend you in this lawsuit. However, If you wish to bring your own claim against the man that hit you, you will likely need to hire a lawyer of your own choosing to represent you for that part of the case. It could be brought as a counterclaim in the small claims court; however, the maximum amount you can recover in small claims court in Indiana is $6,000. Good luck.
Answered on Dec 26th, 2013 at 3:28 PM