QUESTION
Should I be worried about getting sued too if someone I was in an accident with is suing the insurance company?
Asked on Nov 28th, 2012 on Automobile Accidents - South Carolina
More details to this question:
I was in a fender bender in 2010. Now, the company is calling saying they need to talk to me because the guy is suing. Can the guy I hit just be suing the insurance company? I know during the initial investigation they found out he had previous back surgery that went wrong. So is it more likely that he is suing them for denying him payment?
6 ANSWERS
In California, the person who sues, has to name and serve the person who was in the accident in order to "get to the insurance policy" in court. The person who is making the claim cannot simply sue the insurance company. Your insurance carrier will provide you with a defense, meaning a lawyer, to defend you and should pay the legal bills on your behalf.
Answered on Dec 05th, 2012 at 3:26 PM
Daniel P. Mitchell
It sounds like it is your insurance company that is communicating this to you. In Florida, a person has no direct claim against another driver's insurance company. They will have to sue you, and under normal circumstances, your insurance company will hire an attorney to represent you, and will pay a judgment against you up to its policy limits. You should cooperate fully with your insurance company, and share with them any information you have about the other driver and his past medical history.
Answered on Dec 05th, 2012 at 1:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He is not suing, yet. When and if he sues you will be served. Cooperate with your insurance company but do not speak with anyone else without speaking to your insurance company first. They should provide you an attorney.
Answered on Dec 05th, 2012 at 1:42 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you caused the accident you will be sued that is the system. The carrier will worry about the extent of his injury. that is not for you to worry about. That is why you buy insurance.
Answered on Dec 02nd, 2012 at 10:20 PM
Ronald A. Steinberg
Was the insurance company driving the car? You have to cooperate with YOUR company.
Answered on Dec 02nd, 2012 at 7:37 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If he is suing for personal injuries as a result of the accident, he is suing you. Your liability insurance will pay the claim up to the policy limits and will hire an attorney to defend you.
Answered on Dec 02nd, 2012 at 7:11 PM