Any one up for a contingency basis. For a small car accident. This women is suing me.Her claim is fraudulent.

Asked over 1 year ago - San Luis Obispo, CA

I was in a very small car accident 2 years ago. This man slamed on his breaks aand they had a small scratch on their car. This lady that was the passanger in the car, wants to sue me for close to a million bucks and no ambulance took them off. this lady is a greedy, nut job. The people who tried to serve me twice at my house and i didnt answer the door and the lady that tried to serve me put the summons on my recycling bin.is this legal?II suffer from post traumatic stress disorder and i am in a 12 steep program. And i am on medication anxiety. I fell that was she is doing is fraudulent and malicious prosecution. My insurance company took care of them 2 years ago. And know she is going for the juggler. I want to counter sue her for emotional distress, harassment,,&fraudulent claim

Attorney answers (6)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Simply turn over the papers to your insurance company to defend. That is why we all have insurance.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Michael Ryan Juarez

    Contributor Level 16

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    Answered . Since the suit seems from the accident contact your insurance company. They have a duty to defend you. As for your countersuit claims you have an uphill battle.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  3. Michael Charles Doland

    Contributor Level 20

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    Answered . Attorneys don't handle defense on a contingent fee basis.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  4. Michael Shemtoub

    Contributor Level 17

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    Answered . I agree with the other attorney's. You need to turn this over to the insurance company that handled the case the first time. They will defend the case and stop her false claims. If she personally continues to cause you medical stress you might be able to get a restraining order against her. The claim is really what insurance companies are for. I would let them do their job and do not worry about the case. They will notify you if you need to do anything.
    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
    www. KingofPersonalInjuryLaw.com
    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  5. Albert Lee Crosner

    Contributor Level 18

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    Answered . In your question you stated that "My insurance company took care of them 2 years ago. " If so, I would think that the other person signed a Release of all Claims form. You may want to contact your insurance company to determine whether that occurred. As mentioned by the oher attorneys, you need to contact your insurance company to assist you in this matter.

    The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather... more
  6. David J. McCormick

    Contributor Level 20

    8

    Lawyers agree

    Answered . Turn it over to your insurance company and let them deal with her.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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