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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 41221
Experience:  I provide basic personal injury advice to my clients in my own practice.
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I am being sued for an accident that occured (my fault) in

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I am being sued for an accident that occured (my fault) in New York State, for personal injury, a month later. My insurance company called me and informed me of this, saying I am being sued for soft tissue damage by two of the passengers.

I understand that in a no fault state, their insurance should cover the costs. So are they claiming that their medical costs incurred are more than is being covered by thier own insurance?

Will I have to go to court, if i receive a summons? If they sue me, is my car insurance liability which is 100,000/300,000 going to cover it, and if it doesn't can they sue me directly? If i get sued directly, would my car insurance company still defend me.

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

You are correct, if they are filing suit and their insurance is either not covering the costs OR the damages are beyond their insurance limits, they are able to sue you for their damage. If you do receive a summons, then consider retaining counsel--you may need to go to court and fight this. An attorney may be able to settle before going to court, or get your insurance company to provide additional coverage and protect you from suit. Your insurance has to cover you first, but any damages beyond your limits can be pursued against you directly. That is very highly unlikely--soft-tissue damage is generally not very high in settlement costs so the limits you posted should protect you from suit.

Good luck.

Customer: replied 3 years ago.


Thank you. Just one thing you left out. Can I assume that the insurance company's attorney is my attorney? will they provide me with an attorney? our interests are the same. or would I need to hire my own attorney?


 

Thank you for your follow-up, Tamo.

If an insurance company has an attorney, that attorney is not YOUR attorney--that attorney is looking out for the best interests of the insurance company, not yours. The interests here are not the same, their interest is to lower their personal liability, not yours. They do not have to provide you with an attorney, and you would likely need to retain your own counsel if the limits of your coverage are met and the victims attempt to sue you directly. That is unlikely but possible.

Customer: replied 3 years ago.

Last question. The accident was not a major one. According to the police report no one was hurt, there was no ambulance, nobody reported any lacerations or fractures etc.. THe damage to their car was close to to 2000 dollar or so.


THe only issue is that, I tried to avoid complete impact with the car during the accident, so I went off to the side when impact was imminent. THe police made it sound like that I went off to the side as part of trying to overtake him and move onto the highway. I filed my own version of the accident report saying that I moved off to side to avoid hitting the driver completely.


 


Anyway, in your expert opinion will I be sued beyond my limits?

Thank you for your follow-up. Please allow me to respond directly:

You posted:

Last question. The accident was not a major one. According to the police report no one was hurt, there was no ambulance, nobody reported any lacerations or fractures etc.. THe damage to their car was close to to 2000 dollar or so.


THe only issue is that, I tried to avoid complete impact with the car during the accident, so I went off to the side when impact was imminent. THe police made it sound like that I went off to the side as part of trying to overtake him and move onto the highway. I filed my own version of the accident report saying that I moved off to side to avoid hitting the driver completely.


 


Anyway, in your expert opinion will I be sued beyond my limits?

Can you be sued? Sure. Is it likely? Probably not. Soft tissue damage is hard to prove and show, but unlike a broken bone, bruise, or a laceration, is not deemed to be serious, merely uncomfortable. This is why sing you above that limit is highly unlikely. It is possible, but highly unlikely.

 

Good luck.

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