I could use some lawyer help too. Plz.

[radiantquest]

DH tapped someones rear end with his truck in 2008. No police report was ever filed and the police never came to the accident. It was such a small dent. When the estimate came back it was $600. DH knew that his deductible was $500 so he went ahead and just paid it out of pocket. A few months later we get a letter telling us that he is being sued for $13,000.00 in massages and such that she and her passenger are claiming we due to their pain. The accident was reported on my insurance policy because I had him listed as a driver on my policy and I believe they said that he is covered in any vehicle under that policy same as I. Right after the accident when he was going through all the papers he realized that he forgot to renew his policy and did start a new policy the same day. So, I have questions

Can we fight this $13,000.00 that we think is fraudulent? The driver was fine when she got out of her car and we all know how much body shop estimates are overpriced so a $600 dent is NOTHING.

Will the policy that he started the same day as the accident cover it?

The fact that there was not even a police report shows how minimal both parties thought this was. I believe that someone told her to do this and try to get money for nothing. Does the fact that there was no police report matter?

In the even that we cant fight that we think she and her passenger are malingering will my policy cover this?

 

[lilyfoot]

I'm not an attorney, but I am a legal assistant at a personal injury law firm. Auto accidents are a major portion of our work.

I'm confused about his insurance coverage. Did he or did he not have active insurance coverage as of the time/date of the accident?

Was the letter you received from an attorney's office?

ETA: What state are you in?

 

[radiantquest]

PA. He should have been covered under mine, but keeps his own too. His had lapsed. When we bought my car in 07 I added him because he was on the car. I traded in that car in November and while I was test driving the new car for two days I asked what would happen if I wrecked and she told me that I am covered in any vehicle that I drive and so is he. There had been no changes to my policy since I bought that car in 07 so he should have been covered under my policy for an accident that happened in 08. I have never had an accident and I prefer to not have my insurance company payout. It shows as a claim on my policy with his vehicle and all. After he paid the $600 for the dent I called and told them it was handled and had them close it. Well apparently it is not handled. It seems like someone who is sue happy to me and I would rather not have to pay out and I am sure that my company will try its best to not have to pay a $13K claim for someone else on my policy.

 

[megumic]

If the vehicle DH was driving at the time of the accident was not insured, I think there is a concern on whether that vehicle was covered at date/time/moment. While the driver behind who rear-ends is always at fault, DH giving them $600 w/o any formalities rings of an admission on his part. Did the notice of suit come from the court or an attorney?

Two things I''d do immediately:
1. Sort out the insurance situation and find out what coverage was in place at that moment and time
2. Talk to an attorney - not sure what state you''re in, but it''s been about two years since the accident and a statute of limitations (time limit to bring suit) might be in place

I''d take steps to squash this phony suit ASAP.

 

[radiantquest]

He isnt claiming that he wasnt at fault. He was. He was at fault for a $600 dent. I guess I am so upset about it because my car was totaled by an 18 wheeler on the interstate and I could have filed a lawsuit that would have set me for life. I didnt. I wasnt badly injured. I find it hard to believe a small dent on a rear bumper caused more damage than totaling a car on an interstate by an 18 wheeler.

 

[Octavia]

Something similar happened to a friend of mine, where she was in an accident (partly at fault), her insurance paid out whatever it was supposed to, and she was then sued by the other driver, who claimed to have been injured, on the last day before the statute of limitations ran. Her insurance company assigned her a lawyer who handled the case, so she didn't have to pay out-of-pocket for the legal fees, which was good because hers turned into a complete nightmare of a case.

If your DH has been sued and doesn't have a lawyer yet, look into getting him one ASAP, whether through the insurance company or privately. It could be a meritless suit, but I don't think anyone could give you more advice without knowing all the details as well as the laws of your state.

 

[panda08]

It sounds like you received a letter that threatened to file suit, not service of a summons and complaint. Either way, check ASAP whether or not a lawsuit was filed, because a significant amount of time has passed since the accident and you may be in default in that lawsuit and not know it.

If a lawsuit was filed, check in with your insurance company and find out if there''s coverage. I know you said that you''d rather the insurance not pay out but you could be looking at $$$$ in attorneys fees and costs that you''d have to pay out of pocket to defend a lawsuit. Since you''ve paid for coverage, you should use it, as that''s what it is for. Your insurance rates may go up, but if you have to be out of pocket for attorneys fees and costs, either way, you might break even or come out ahead.

If no lawsuit was filed, you can do some simple research on the statute of limitations in PA for a negligence cause of action. If it has run, woo-hoo! If not, you can sit tight and see what happens.

Good luck! Hope everything works out.