QUESTION

What should I do if I’m sued by the drunk driver and the passenger that hit the vehicle I was driving?

Asked on Nov 03rd, 2012 on Personal Injury - Michigan
More details to this question:
The driver was cited at the scene (by the highway patrol) for the cause of the accident, DUI, and Driving with a suspended license 3rd degree. I was just served papers the other day stating that the driver, or a passenger (who was also intoxicated), is suing me for every condition they could think of. What lawyer in their right mind would accept this case, when the driver of that very vehicle (which was either the husband or brother due to same last names) was cited with a DUI? Seems she should be suing him. The vehicle I was driving was a friend’s (who was also in the car), so the insurance company that handled the damages was his, not mine. Would it be worthwhile to call his insurance company and inform them, or because I was not the owner of the vehicle, would they not represent me?
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14 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You should call the insurance company that insures the vehicle you were driving immediately and notify them they you have been sued. Unless you are somehow excluded from coverage under the policy, which I cannot answer completely but it is unlikely if you had permission to drive the vehicle, then the insurance company will hire an attorney to represent you. In addition, the insurance company will also pay, up to its Bodily Injury Coverage limits any damages the people suing you are entitled to. If you have your own car insurance policy you might want to notify that company as well. A vehicle's car insurance is always primary; your personal policy would be secondary. If you are not covered by the vehicle you were driving policy then your own car insurance would hire an attorney for you and pay up to its limits. As to why you are being sued I cannot answer without more information about the accident. Simply because the other driver was intoxicated and ticketed for driving on a suspended license does not automatically mean that the driver was at-fault for the accident. For example, if the vehicle was sitting waiting at a red light and you rear-ended the vehicle, then you would be at fault and the fact that the driver was intoxicated or had a suspended license would not be relevant to whose fault the accident was. However, under different facts the other driver's intoxication could make a difference. The other driver's passenger could, depending on the facts of the accident, could sue both you and her own driver.
Answered on Nov 22nd, 2012 at 6:32 AM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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You need to call your automobile insurance as soon as possible and advise that you have been sued. Your insurance company, as well as the insurance company of the vehicle you were driving, will provide an attorney to represent you in the lawsuit.
Answered on Nov 06th, 2012 at 7:24 PM

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Ronald A. Steinberg
Turn the papers over to your auto insurance company; they'll take care of it. If you were also hurt, contact a lawyer yourself, and file a counter suit.
Answered on Nov 06th, 2012 at 7:21 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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You'd better call the insurance company that had the coverage on the car you were driving, ASAP.? The passenger might have sued the other driver as well as you, so as to make sure there could be no absent driver to blame. The insurance company should hire a lawyer to defend you, but if you want to counter-sue for your own injuries you'll need a lawyer of your own.
Answered on Nov 06th, 2012 at 7:20 PM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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If you drive someone else's car with their permission, their insurance company will defend you.
Answered on Nov 06th, 2012 at 7:20 PM

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You should just pass the paperwork on to your insurance company, and they should handle it for you.
Answered on Nov 06th, 2012 at 7:20 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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Send a copy of the documents you were served immediately to the insurance carrier covering the car and also your own insurance and put them on notice. One of them will provide you a defense (a lawyer who will represent you in this claim). I am assuming this is not a small claims action. There is a limited amount of time within which to ask so you should act immediately.
Answered on Nov 06th, 2012 at 7:17 PM

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Automobile Accidents Attorney serving Newport Beach, CA at Tomalas Law Firm
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In this situation, it would be wise to forward copies of the documents that were served on you to both your automobile insurance company and the automobile insurance company covering the vehicle. They should handle the claims being made against you and should raise all possible defenses in hopes of protecting you from any liability.
Answered on Nov 06th, 2012 at 7:15 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Just turn the paperwork over to your own insurance company and let them handle it. Like the old Greyhound commercial: leave the driving to them.
Answered on Nov 06th, 2012 at 7:15 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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you are covered if you drove with permission. Your friends insurance company should be fully informed. No lawyer will take a drunk driver into court and ask for damages(maybe unless the lawyer himself is drunk)
Answered on Nov 06th, 2012 at 7:14 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Insurance coverage follows the vehicle and as result your friend's carrier, who insured the vehicle, as long as you are driving with your friend's permission you are an insured and if you are being sued as a result of your operation of the vehicle your friend's carrier is obligated to provide you a defense. If there is a traffic collision report which outlines who caused the accident, much less that driver of other vehicle, who apparently is suing you, hard to believe that is claim they will pursue for very long. Would contact your friend's carrier and tender or submit the suit for them to designate counsel to defend you. Under those circumstances, if you are injured at all would pursue your personal injuries against the intoxicated at fault party.
Answered on Nov 06th, 2012 at 7:14 PM

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Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC at Beaver Courie Law Firm
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You should contact the insurance company for the car that you were driving. Under the usual circumstances, the company will provide coverage for you.
Answered on Nov 06th, 2012 at 7:13 PM

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Assault Attorney serving Richardson, TX
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Call your insurance agent to provide a defense.
Answered on Nov 06th, 2012 at 7:11 PM

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Arbitration & Mediation Attorney serving Ann Arbor, MI at Blaske and Blaske PLC
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Call your insurance carrier and mail your carrier a copy of the parts you were served. You must do this right away so you don't give the carrier a justification not to defend you against the lawsuit.
Answered on Nov 06th, 2012 at 7:09 PM

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