QUESTION
What can I do if I am being sued for my son's auto accident 2 years ago?
Asked on Oct 29th, 2013 on Personal Injury - Oklahoma
More details to this question:
My son was in an accident 2 years ago. Now, I'm being sued by the guy. I have no bodily injury coverage on my policy. My son is in the army in Korea. My insurance company fixed his car for a claim of $1300. I thought this was over. He is also suing his own insurance company. He was in a company vehicle at the time.
9 ANSWERS
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Did you have general liability insurance coverage on your vehicle? It is highly unlikely that you would have had property damage coverage and no liability coverage. If you didn't have PIP medical coverage, but did have liability coverage, then your insurance company should cover the loss and should defend you. Check your policy to be sure of the coverage, and be sure to notify your insurance company that you have been served with summons and complaint.
Answered on Oct 31st, 2013 at 9:26 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you can not buy auto insurance that does not have BI/PD coverage, so my guess is you do have BI coverage and should turn over any suit papers to your vehicle insurer. They should defend the claim and provide you a lawyer, at no charge to you. However, if your son was the owner/driver, then you would have no liability and the insurer would move for dismissal. If you were the owner, then you do have owner liability per Michigan law for the negligence of those you let operate your vehicle, and again, your insurer should defend such a claim. You may need to consult a lawyer with your policy and declaration sheet (as of the date of the crash) for a review to determine why the insurer appears to be giving you a problem and perhaps you will have to sue your insurer to demand coverage/defense.
Answered on Oct 31st, 2013 at 9:25 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Does not compute. If you have coverage your carrier will cover you. You say you have paid PD. That means you have coverage. While your son is overseas he may have protection.
Answered on Oct 31st, 2013 at 9:25 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you are in SC and you have auto insurance, it does cover bodily injury. Turn this in to your insurer and they will hire a lawyer to defend you. If there is not insurance coverage, at least make an appointment to see a personal injury lawyer to discuss our options.
Answered on Oct 31st, 2013 at 9:21 AM
James Eugene Hasser
I don't see how you would have liability for your son's accident unless you let him drive your car knowing he was an incompetent driver. Try turning the lawsuit over to your car insurance and see if they will provide you with a defense. If not, you will probably have to hire your own lawyer.
Answered on Oct 31st, 2013 at 9:03 AM
Ronald A. Steinberg
Just turn the paperwork over to your auto insurance company to defend. They will take care of everything. Having no bodily injury coverage on your policy only relates to you (or your passengers') claims; you should be protected against claims by the other people.
Answered on Oct 31st, 2013 at 9:02 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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If your son is in the military, you may be able to stay (stop the case temporarily) through the Soldiers and Sailors Act.
Answered on Oct 31st, 2013 at 9:01 AM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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In Utah, the statute of limitations (time within which a case must be filed in court) for a car accident case is 4 years from the accident date. So, the person filing the suit, if in Utah, is within the time allowed by law. In Utah, you are required to have a minimum of $25,000.00 of "BI" (bodily injury) coverage so, if your case is in Utah, and since you wrote "my insurance company" in the detail to your question, then you would have at least $25,000.00 in BI coverage. Therefore, your insurance company should step in and defend you in the lawsuit.
Answered on Oct 31st, 2013 at 8:58 AM
Unless you did not have liability coverage for your vehicle, or your son was somehow completely excluded as a driver on your policy, you have coverage. Advise your carrier of the suit at once. If by chance, slim though it seems, you have no coverage, hire counsel on your own.
Answered on Oct 31st, 2013 at 8:57 AM