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Can I be sued by someone I was involved in a non contact accident with after they've accepted my insurance settlement?

Corpus Christi, TX |

My auto insurance has already paid him over $8,000. The accident was last May 2012, and I was served the papers April 14th, 2013. I'm being sued for $100,000. Is this legal?

Attorney Answers 10

Posted

Hand it over to your insurance company. They will take care of it for you.

I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Call me. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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10 lawyers agree

Posted

Your insurer should hire you an attorney, and you can ask them this question. Possibly your insurer paid the property damage portion of the claim, but the injury portion was not resolved.

An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

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7 lawyers agree

Posted

You need to contact your insurance company immediately. If they settled with the other party they should have obtained a signed release. Generally the release states that they are releasing you from any further liability. Good Luck

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8 lawyers agree

Posted

Make sure you deliver the court papers to your insurance company. They will hire a lawyer to defend you in the case. As for the previous payments made by your insurance company, I do not know what those payment were for. But, nevertheless, unless the payments were made as "full and final settlement of all claims," then the Plaintiff still has the right to pursue the rest of their claims. Don't worry so much about the amount you are being sued for. This is probably more procedural than anything else. Most importantly, contact you insurance company and tell them you were just served with court papers. They will give you instructions on what to do next. Just follow their instructions and everything should turn out fine.

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10 lawyers agree

Posted

Simply send the papers to your insurance company to resolve.

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7 lawyers agree

Posted

I'm not sure what "non contact" means in your situation. Apparently the insurance company felt there was some justification to pay some damage under the circumstances. If the first settlement was for property damage, that payment would not extinguishe the right to then bring a bodily injury suit. Immediately notify your insurance company you were served so it can hire an attorney that will provide a timely defense. You typically have 20-30 days to file a response with the court or you will be in "default."

Good luck.

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5 lawyers agree

Posted

Regardless of the prior settlement, turn the papers over to your insurance company, who will assign attorneys to represent you and, if still necessary, settle or pay any judgment arising out of the "new" claim, if it wasn't covered by the settlement and presumably Release obtained, for the prior claim.

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5 lawyers agree

Posted

You were responsible enough to carry insurance and I commend you for it. Now it's time to let your insurance company do what you paid them for--defend you for no additional charge. Call them and then send a certified letter notifying them that you were served (or a fax) so you have documentation they received notice promptly. They should hire you a lawyer.

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4 lawyers agree

Posted

If you are at fault for a car accident and an insurance company pays money for damages resulting from the claim, the claim is final only if a Release of All Claims or Settlement of All Claims document was signed by the injured party. If no release is signed, then the monies paid on the claim are merely an advance to be offset againt the final award for the automobile accident. The automobile accident attorney who is provided by the insurance company will be familiar with this issue. Put your insurance company on notice of this car accident lawsuit and request they provide a lawyer.

24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.

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2 lawyers agree

Posted

You need to forward it to your insurance company immediately and make sure that they file an answer to the lawsuit before a default judgment is taken against you. I'm not sure what the previous payments represent, but the lawyer that your insurance company will be able to address the issue and file the appropriate motion for summary judgment if appropriate. Bottom line, get the suit papers to your insurance company immediately. Good luck.

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