My wife was in an accident Nov 2010. SHe was found at fault. SHe is currently in a mental hospital and I received a summons today for a suit asking $50,000 but will settle for $30,000. My wife is 35 and I am 63 and both are on disability
The insurance on the car was in my name and her name. The insurance said they will not pay anymore. Can they sue me instead of her?
You need to immediately turn the summons and complaint over to your automobile liability insurance carrier you had at the time that your wife had her accident. Demand that they defend the action. Keep a copy of everything that you send to the insurance carrier.
Despite what your insurance company may want to do, they have a legal obligation to investigate the matter, defend your wife and indemnify her if necessary. Do not be bullied.Your insurance company will pay for a lawyer to defend you.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Turn the lawsuit paperwork over to your insurance carrier. If there has not already been a settlement, the insurance company would have an obligation under your insurance contract to defend you, up to your policy limits. I can't speak specifically to MN law (I'm only admitted in CA), but typically speaking there are limits to an owner's liability, unless you as the owner were independently negligent (for example, allowing someone who shouldn't be driving to drive-like an intoxicated person, or someone you know has a bad driving record). The insurance company should hire a defense lawyer for you to help you sort out all the issues.
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Before you hire a lawyer contact yuour insurance company. Normally they have a duty to defend cases like yours.
Turn all the paperwork over to your insurance company company, as they will defend. Make sure that the case isn't settled without a Release being signed which releases both of you from liability.
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