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JD
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Experience:  Over 11 years in practice as a litigator ... civil and criminal
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im being sued for an accident. my car was totaled and the

Customer Question

i'm being sued for an accident. my car was totaled and the truck hit a tree after hitting my car. it wasn't totaled. if anyone should have injuries it should have been me, but now i'm being sued for injuries. the man and his daughter got checked out by the paramedics along with myself and everything was fine. they were walking around more than i was. i'm on my father's insurance plan and i think they're going to sue us both. i'd hate for them to take his retirement! what can i do? should i fight it?
Submitted: 4 years ago.
Category: Legal
Expert:  JD replied 4 years ago.

What is your age?

Could you briefly describe what happened in the accident?

Customer: replied 4 years ago.
i'm 22 years old and the accident was my fault. i crossed an intersection and i had a stop sign. i wasn't paying attention and i was hit. he was going pretty fast though. the speed limit is 35 and my car spun around about 3 times after i was hit, so i'm guessing he was going about 50. his car then hit a tree after hitting me and the front end of his car was damaged.
Expert:  JD replied 4 years ago.

First do not panic. This is why we have insurance. If the accident was your fault or it the fault was shared then you may have some liability in this situation. However you pay (or your father pays) an insurance company to protect you from this liability. You should notify your insurance company immediately and cooperate with them fully. They will take whatever steps are necessary to protect you and your father.

 

It would be a stretch to impute liability on your father in this situation. He would have to own your car and be found negligent in letting you use it. Again... that would be a stretch.

 

Your insurance policy will have a stated limit of liability. If your insurance company feels the plaintiff wants more than the liability limits then you should seek local counsel to help protect your interests. That is fairly unusual unless you have substantial assets and there were very serious damages.

 

Please reply if I can help further.

 

________________________

JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience: Over 11 years in practice as a litigator ... civil and criminal
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Customer: replied 4 years ago.

all right. my main concern is what if they're suing for more than the insurance will cover. my father was the co-owner of the car.

 

also is there any way i can fight this if they decide to sue for a ridiculous amount? i know the two were not injured THAT bad. i had a few bruises and my car was totaled! i know his daughter went to school that day. would there be any way of me getting a hold of her school attendance to prove that she was not that badly injured and would i be able to do the same with his work?

Expert:  JD replied 4 years ago.

There is certainly a way to fight it. Damages must be proven to be collected and you must not concede to anything at this point. Your attorney (your insurance should provide one initially) will be able to secure the records you mention as well as medical records. They will even be able to obtain prior medical records, police reports, and anything else that tends to help your case. I wouldn't concern myself too much at this point and just let the insurance company do their thing.

 

If you feel overly concerned, you can always have a local attorney serve as your liaison with the insurance company to insure they are protecting your interests fully.

 

You should also remember that your fault may not be 100%. If it is determined that they were traveling at an excessive rate of speed or that their actions contributed to the accident or damages in any way then their recovery amount would be only a percentage of their actual damages. Your attorney will explain more fully.

 

Good luck.

 

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Over 11 years in practice as a litigator ... civil and criminal