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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5272
Experience:  Licensed to practice before state and federal court
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I was in a car accident last year december. I thought all

Customer Question

I was in a car accident last year december. I thought all was settled through insurance, but now I get mail from Statefarm that I have to defend myself in court. They're trying to get almost $7000 from me. What complicates this more is that I live in Canada and this accident was in Maryland. What is more puzzling is that the other car hit me and ran away. I just so happened to see the same car the next day and talked to the police and although the other persons car was insured, it was driven by her boyfriend who did not have a license and was arrested on the spot. How can any of this be coming back to me? Do I need a lawyer from Maryland?
JA: What state is this in? And how old is the car?
Customer: Maryland My car 2008 Acura Mdx Her Car Mercedes benz
JA: Has anything been filed or reported?
Customer: yes. I reported and the other person did too
JA: Anything else you want the lawyer to know before I connect you?
Customer: I guess that sums it up. Can I counter claim?
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today.I'm sorry to hear about your situation. It's definitely made more difficult by the fact that you are living abroad. At this point, you have a couple of options to be able to help yourself out. The first option that you have is that you need to file an answer to the lawsuit. The answer to the lawsuit in most cases generally just denies everything that happened and all of the assertions that the other party is making. If you would like, you could counterclaim against State Farm and also include the other driver in the situation as well. You would need to make sure that you have your causes of action lined up to bring that counterclaim and then you would need to serve your answer, and possibly your counterclaim, on both State Farm and the other driver. Once the answer is filed, you made then went to file a motion to dismiss.. You can think of all the reasons that you would like to dismiss this action, and then you can file that reason with the court. Because you are abroad, it may be a little bit difficult to get things filed, but there is a way out of it. If you go to www.thumbtack.com, you can find a process server who can not only deliver the documents to State Farm in any other parties, but they can also file the documents that you need with the court as well.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

Customer: replied 2 months ago.
Hello again. I forwarded all this information to my insurance company. They said that because they only found each person to be half at fault, they did a 50/50 thing with statefarm and don't know why they are contacting and threatening me with legal action. I am currently waiting to hear back from my insurance company, but I don't want to sit here doing nothing in the meantime. In compiling the information for my counter claim, is it possible to get records from the police station about the unlicensed driver that hit me? Would I have access to arrest records as he was arrested that day he lied about his license?Thanks
Expert:  Legal Eagle replied 2 months ago.

I'm glad that you got in touch with your insurance company. It seems weird that they would be contacting you now and threatening you with legal action. It's probably just a mistake. You could take some proactive steps and try to contact the police to get the records about the unlicensed driver that hit you. What may be more useful is if you can gather proof that the case was settled and find whatever information to prove that a lawsuit could not be brought as a result of the settlement. Therefore, when you submit your motion to dismiss or if the other party send it to their motion to dismiss their own claim, then you will be able to use that settlement agreement as proof. Did you have any other questions for me?