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

Asked about 1 year ago - 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)

  1. Robert C. Slim

    Contributor Level 14

    10

    Lawyers agree

    Answered . 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.

  2. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . 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.... more
  3. Sue E. West

    Contributor Level 10

    8

    Lawyers agree

    Answered . 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

  4. Matthew Charles Price

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . 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... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Simply send the papers to your insurance company to resolve.

  6. Paul Hilmon Cannon

    Contributor Level 12

    4

    Lawyers agree

    Answered . 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.

  7. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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.

  8. Jeffrey Ira Schwimmer

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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.

  9. Christopher Steven Hoffmann

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.
  10. Jason Luke Dow

    Pro

    Contributor Level 8

    Answered . 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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