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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have question about a car accident in which I am the defendant

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I have question about a car accident in which I am the defendant in. A woman is suing me from an accident 2.5 years ago and we did depositions already. Her car was totaled as was mine, but her injuries are all chiropractic and she had no broken bones or cuts, and checked out at the ER 4 hours after the accident. Her attorney is asking for my insurance limits (100k). Just when I think it's going to be over with and they're going to put in a demand (from what the insurance company told me, that's the way it works), I get a letter today stating my cell phone records are being subpoenaed. WHAT? I was not on the phone at the time of the accident, but I had been very upset that morning and I had just discovered I was going to get a divorce and talked to multiple people in a short time frame. I was upset. That's it, which I had to state in the depo because it was the truth. Now he is claiming there are punitive damages, apparently. I am so stressed over this. I have admitted liability and received a ticket for following too close. Will this likely settle or am I going to end up in a trial over it? I just want it to end. :(

Thank you for your question. Please permit me to assist you with your concerns.

 

I am sorry that you are stressed out. I suspect they are seeking to subpoena records to see if you were texting or on the phone when the accident took place. If they can prove that fact, they can pursue punitive damages on the basis that you were improperly operating a vehicle. Admitting liability would not stop this from being pursued against you, as it is a separate and an additional step that the plaintiff in this instance is pursuing. What likely can stop this would be if your insurer chooses to settle with them out of court, since they are the ones who will end up paying out if this goes to trial. I will give you some good news, however--typically only about 3% of all such cases go to trial--neither the plaintiff nor the insurer want to go to trial as expenses rise for both parties. I suspect the other party is pursuing all this purely to attempt to increase the settlement amount that they will pursue from the insurer. The best way to end this is to keep in contact with your insurer and request status updates.

 

Hope that helps.

Customer: replied 3 years ago.


Thank you for your reply. I have sought an outside attorney as well since they are threatening punitive damages on me and so they sent a letter to the insurance company asking that they settle within my policy limits.

Thank you for your follow-up, Stacy.

 

You are most welcome! Obtaining an outside attorney is likely wise--the attorney for the other party appears to be quite aggressive so additional defense is likely positive. This way you would be informed and also know if they attempt to pursue amounts above and beyond the policy limits.

 

Good luck!

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