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Can someone sue me 9 months after a car accident??

Murrieta, CA |

Last October I was in a car accident. I didn't yield at a green light on a left turn. The damage to his car was a large dent and scratches; however, it was still driveable.

A police officer came to the scene and asked if we were injured, and we both replied that we were not. However, when I asked about a police report he said that "one wasn't needed because no one was hurt and we both exchanged insurance info." I have insurance and it covered all of his damages. My insurance told me everything was settled.

Fast forward to today. I received a letter in the mail from my insurance company stating that the other driver is suing me for $30,000. My insurance ended the letter by saying that I have to get a lawyer and if I couldn't, they would provide one. Is this even legal?

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Attorney answers 4


Yes, you can be sued 9 months after a car accident. Your insurance company should defend you if you have liability insurance.

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Yes, it's legal. The other driver settled the property damage claim and is now claiming injuries. It happens all the time. Nine months after the accident is not a long time, well within the statute of limitations. This is what you have insurance for.


Yes! Since you have insurance, your insurance company has a duty to defend you and pay any judgment up to the policy limit. You may need your own attorney if you feel your insurance company is not acting in your best interest. The attorney the insurance company appoints to represent you is duty bound to work on your behalf. It sounds like the property damage claim was settled. This claim is probably for injuries.


Yes, you could be sued nine months after the traffic accident. Your insurance carrier should cover the claim to the extent of your policy limits. Not sure why the carrier said in its letter that you needed to get your own lawyer unless there was a question of coverage, or unless the demand exceeded your coverage limits.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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