How much trouble am I in, for being sued in supreme ct after my child got in an accident with my car and insurance settled?

Asked almost 3 years ago - Niagara Falls, NY

At the time of the accident, I lived in MO and my child had recently moved to NY with my car. She had full coverage in NY under my name, and I had liability. Not sure but I believe the party was paid already by my insurance. My child was served recently and I am also a defendants. My child is a student and works part time minimum wage. I subsequently moved to Ny. Recently lost my job, and live on a pension less than minimum wage. After the accident the other party involved was walking around and had no apparent injury. Now he's seeking compensation for anguish, and permanent loss of function. The police at the scene said that there were no serious or apparent injuries (which was confirmed by the insurance too). How much trouble am I, and my child too.

Attorney answers (4)

  1. Jeffrey Mark Adams

    Contributor Level 20


    Lawyer agrees

    Answered . Simply report this to both insurance companies asap. They will address. If the case was settled then its a closed matter. I would be remiss if I didn't tell you that it is unfair and a misperception by corporate interests that an injury must show all its nastyness at the moment of impact. Good luck

  2. Craig A. Post

    Contributor Level 17

    Answered . Are you certain that your insurance company has settled. Any release the carrier required the plaintiff to sign in settling the matter would have released you and your child from liability. If they offered the policy but the plaintiff was looking for some personal contribution from you or your daughter, you would have known about. It sounds as though they didn't settle. You should contact your insurance company to verify what has transpired so far. Has your insurance company advised you or your daughter to obtain personal counsel? Was it one policy covering both you and your daughter?

  3. Eric Edward Rothstein

    Contributor Level 20

    Answered . You are legally liable for whatever a jury may award because you were the owner of the car. However, if your insurance company settled the case, it would have gotten a general release to prevent you from being sued. Maybe it only settled the property damage claim. Report the lawsuit to your insurance company - it will appoint a lawyer to defend you and pay a settlement or judgment up to your policy limit. If the plaintiff goes to trial and gets an award higher than your limit, you and your child are responsible.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Hayley R. Greenberg

    Contributor Level 16

    Answered . I am sorry to hear about your situation.

    You should contact an attorney to discuss your questions as additional information would be helpful. Didn't you have insurance? If so, they should be defending it and the lawyers who represents you can answer your questions.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
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