Skip to main content

Being sued after almost 2 years for previously unclaimed personal injuries in auto accident.

Pittsburgh, PA |

I was at fault and received a citation at time of accident. He was taken to hospital by ambulance (but under his own power) for observation. Doctor examined and released without claiming injury. His insurance agent told me at time she contacted me he was only claiming damage to motorcycle, no bodily injury. Now he and wife are suing for injury,pain and suffering, loss of job and other misc. things.

Attorney Answers 13

Posted

Kindly clarify your inquiry.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Mark as helpful

9 lawyers agree

2 comments

Asker

Posted

Should I contact a lawyer for myself? The insurance claim is still open. What is most likely to come of this situation?

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Just let your insurance company know.

Posted

This is a very common situation, it always comes as a surprise. Apparently the other party later found that they did have injuries, sometimes injuries do appear a few hours/days/weeks after an accident or what seems like minor pain can turn into major pain.

Your insurance company will supply you with a legal defense - an attorney who will represent you. Cooperate with the attorney so that he or she can put together a strong defense for you.

This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.

Mark as helpful

13 lawyers agree

Posted

If you had insurance, turn it in to your agent. If not, talk to an attorney before you do anything.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

Mark as helpful

13 lawyers agree

Posted

This happens more frequently than we would like to believe....simply turn it over to your insurance carrier to resolve.

Mark as helpful

11 lawyers agree

Posted

My colleagues are correct. I would only add, having done insurance defense during the early part of my career, that the attorney/firm retained by the insurance company is your attorney. Many people assume they are the insurance company's attorney, but that's not true. The attorney's/firm's ethical obligations are to you.

Mark as helpful

10 lawyers agree

Posted

This is not uncommon. In general, we advise you turn information you get over to your insurance carrier immediately. They must indemnify and defend you on the case and provide an insurance lawyer. Call a local lawyer if you want personal counsel on the case also to protect your interests. I think there was some injury otherwise the person would have declined an ambulance and ER visit. Have your lawyer obtain an independent medical examination of the defendant to review the records and examine the defendant. See if your doctor agrees or disagrees with what is going on in the car accident case.

Mark as helpful

7 lawyers agree

Posted

Not uncommon. Turn the matter over to your insurer. If you feel you have a personal interest to protect, hire a personal attorney also. Call a local attorney immediately for a consult on the law of your state.

Mark as helpful

8 lawyers agree

Posted

Problems do develop over time, let your insurance company worry about it>

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Mark as helpful

5 lawyers agree

Posted

This is not uncommon. While it sounds as though you seriously doubt the claims at this time, it is up to your lawyer to weed through what is real and what may possibly not be. Your best route at this point if you have not done so already is contact your insurer and provide them with all the paperwork that you have recieved thus far. They will appoint counsel for you and that attorney will take it from there.

Mark as helpful

5 lawyers agree

Posted

Depending upon the state you are living in, you may have a defense of the statute of limitations. In essence, the person may have waited too long to bring a claim and his claims may be barred. Otherwise, there is nothing to prohibit him from bringing this claim. I would worry little and let your insurance company handle it. As long as there is sufficient coverage (liability limits are high enough to cover the damages), they will negotiate with the injured party and pay all or portion of the claim.

Mark as helpful

5 lawyers agree

Posted

Forward any documents you receive to your car insurance carrier right away. As part of your car insurance, your carrier will hire an attorney to defend you in this lawsuit. If the suit was filed after the two year statute of limitations ran on this case, the attorney hired by the insurance carrier will raise that issue on your behalf. If it was filed timely, the defense attorney will respond accordingly to the allegations. You have an obligation to cooperate pursuant to your insurance policy.

Best of luck.

Gladys Wiles

The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website. Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients. Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. This Website and its contents are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

Mark as helpful

5 lawyers agree

Posted

If you were insured at the time, advise your insurance company which should provide a lawyer and defend the claim. If you did not have insurance you should retain a lawyer.

Mark as helpful

5 lawyers agree

Posted

You should a) let your insurance carrier know b) hire a licensed attorney, if necessary, to defend you in your jurisdiction. You should also consider retaining a private investigator to determine the truthfullness of their claims.

Mark as helpful

5 lawyers agree

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics