QUESTION
What can I do if being sued for causing an emergency situation which caused a motorcyclist to turn over his bike?
Asked on Nov 10th, 2013 on Personal Injury - South Carolina
More details to this question:
I'm being sued for causing an emergency situation which caused a motorcyclist to turn over his bike. What are the possible outcomes of this? Serving time? What kinds of things could they add to the case to get a better verdict in their favor? Also, someone else is on the title of the car and I am on my parents insurance I am however an adult) are they liable as well?
9 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You can't "serve any time" unless you are being criminally charged by the Prosecutor - which would be an entirely separate legal action from being sued by the injured person for personal injuries in civil court. If sued in civil court, you turn the Summons and Complaint that are served on you to the car insurer of the vehicle you were driving. They have their lawyer defend you and respond to the case. Whomever is the titled owner of the vehicle you were operating may also be sued pursuant to the Michigan Vehicle Owner Liability Statute.
Answered on Nov 12th, 2013 at 4:46 PM
Edwin K. Niles
1. If you are on the policy why are you worried? Let the ins. co. handle it. 2. You seem to be confusing civil and criminal. You don't serve time as a result of being sued. 3. Don't fret over a verdict; around 98% of all claims are settled short of trial.
Answered on Nov 12th, 2013 at 4:45 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Jail is not an issue in an insurance case (civil) the owner and operator of a vehicle are liable for its operation.
Answered on Nov 12th, 2013 at 12:30 PM
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Contact your insurer at the time and the insurer of the vehicle. This is not a criminal case so you wont be serving time.
Answered on Nov 12th, 2013 at 12:29 PM
James Eugene Hasser
Turn the case over to the insurance company and let them handle it. They will assign you a lawyer to defend you and pay any judgment or settlement up to the limits of the policy coverage. Your parents would have no liability unless you are an incompetent driver and they let you drive their car anyway. Good luck.
Answered on Nov 12th, 2013 at 11:41 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Too complex for this forum. Yes you are liable, as well as the owner of the car. As for jail, are you being charged with a crime? Get an attorney, it's just your life!
Answered on Nov 12th, 2013 at 11:34 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I am sorry but I am unable to answer your question; the question you posed is too vague for me to frame a response. I have no idea what "emergency situation" might have caused a motorcyclist to lose control of his bike. If the "emergency situation" was caused by a car, then everyone whose name appears on the title to the car could be held responsible.
Answered on Nov 12th, 2013 at 11:34 AM
Ronald A. Steinberg
The owner(s) and the permitted user of a vehicle are liable for accidents. If there was insurance, then turn the claim over to the company. It will provide an attorney and will pay any judgment or settlement. This case is very "fact specific" as to whether or not you CAUSED the accident. The bike operators tend to be very aggressive drivers, and it may be his fault.
Answered on Nov 12th, 2013 at 11:34 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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This is not a criminal case and jail is not a possibility. You need to turn this in to your insurer. They will hire a lawyer to defend you. Insurance will cover the damages up to the policy limits. The car owner's insurance may provide additional coverage. The verdict will be based on evidence they present regarding damages, including medical bills. Lost wages, and pain and suffering. In short, it will be based on how severely they were injured.
Answered on Nov 12th, 2013 at 11:34 AM