Getting sued 8 months after no fault accident?

by **felabeorbt** » Wed Oct 12, 2011 10:58 am

8 months ago, I was in an accident. Police were called and the police report states:
p1 and p2 had no visible injuries, complaint of pain only
p1 drove his car from scene, p2 asked for owners tow
Both p1 and p2 claimed to have a green light
I was unable to determine fault

I was p2...

Today I got a letter from a personal injury lawyer representing the other driver. He is suing me for $25,000.
The letter states:
Defendants negligently owned, operated, inspected, maintained, repaired, secured their vehicle; violated vehicle code 21453;
negligently maintained lookout for traffic; All causing injury and damage to plaintiff.

what do I do?
Should I get a lawyer or go through my insurance?
Can I represent myself in court... I think the police report is all the evidence I need to prove it wasn't my fault.

by **ashly** » Wed Oct 12, 2011 11:03 am

You are being sued. You should not respond to the (summons) letter. You should immediately turn the letter over to your insurance company. They have all of the lawyers that may be needed and it is all free to you. Do not speak with the lawyer or the party suing unless your insurance company instructs you to. Did you use your insurance company when the accident occured? I certainly hope so.
BTW. Police do not determine liability (fault). Only insurance companies and/or courts do that

When you have insurance, USE IT !

by **caelin** » Wed Oct 12, 2011 11:09 am

The police do not determine fault, the insurance companies, or in this case a judge, determines fault. Nor do the police determine if someone was injured at an accident scene. Going into court with just a police report will get you no where. Report this to your insurer and let them deal with this. You can get your own lawyer if you want but you'll be paying for everything out of your own pocket at that point.

by **bardoul** » Wed Oct 12, 2011 11:26 am

There's no such thing as no fault. Someone is always at fault, even if it's a 50/50 split. And cops don't decide liability. Only insurance companies do that. In the 8 months that have passed, have you informed your insurance of this accident? If not, that's your first step. They will defend you against any legal actions taken in regards to a covered loss.

by **taryn31** » Wed Oct 12, 2011 11:34 am

If you have full coverage insurance, then you need to take this notice to them. That's what you hve insurance for. Apparently, the plaintiff's lawyer has discovered you're insured and in an attempt to win by striking first, he's suing for the maximum your policy covers.

by **kyledyr** » Wed Oct 12, 2011 11:49 am

If you have full coverage insurance, then you need to take this notice to them. That's what you hve insurance for. Apparently, the plaintiff's lawyer has discovered you're insured and in an attempt to win by striking first, he's suing for the maximum your policy covers.

call your insurer, this is why you have liability insurance.

by **kendon19** » Wed Oct 12, 2011 11:54 am

Your being sued and need to ask if you need a lawyer? OK. so much for common sense.

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