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I got into a car accident 2 years ago, everything was settled, now the other side decided to file a civil case. What should I do

Philadelphia, PA |

Back in 2010 I was in a car accident in a mall parking lot. I was at fault and the insurance company already paid for the other damages. Today, a male came to my house and gave us a stack of paper, turns out we're being sued. The other side ask for 50k+ in damages and pain and suffering. I was positive he was not injured at all since it was inside the mall and we both didn't exceed 15mph. What should I do? should I contact a lawyer or insurance company? Do I have to pay for this?

Attorney Answers 7


  1. Contact your insurance company as soon as possible. They should provide you with an attorney to defend the case. Good luck.

    Timothy Knowles
    Attorney at Law
    tknowles@wmpalaw.com
    610-584-9400 xt. 103
    Warren & McGraw, LLC
    920 Lenmar Drive
    Blue Bell, PA 19422-2000

    Feel free to call or email me to further discuss your case. This answer does not create an attorney/client relationship and is for informational and educational purposes only.


  2. Send the papers to your insurance company, and they will provide a lawyer to defend.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  3. Forward everything you received immediately to your insurance company.

    (510) 343-6219. Special education & personal injury attorney. All responses are provided for informational purposes only. Readers should not act upon such material without consulting with an attorney. HEE J. KIM is only authorized to practice law in the State of California. Attorneys at MILLER WASHINGTON & KIM, LLP are only authorized to practice law in the States of California and New York, and South Africa. This information is only intended for the residents of the State of California. Nothing transmitted by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, should be construed as legal advice or the formation of an attorney-client relationship. Contacting HEE J. KIM or MILLER WASHINGTON & KIM. LLP, either by email, telephone, facsimile, any form found on this site, or by any and all other means, does not create an attorney-client relationship. Any response by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, or reliance thereon, does not form an attorney-client relationship. ONLY BY ENTERING INTO A WRITTEN ATTORNEY-CLIENT AGREEMENT, SIGNED BY THE ATTORNEY, IS SUCH A RELATIONSHIP FORMED.


  4. There is no need for you to hire an attorney. Under your car insurance policy, your insurance company has the obligation to defend and indemnify you. This means that they will hire an attorney to represent you in this litigation. Although paid by the insurance company, the attorney will be your attorney in this lawsuit. The insurance company also has the obligation to pay for any personal injuries that were caused by your negligence, up to the limits of your insurance policy.

    I would not worry too much about the $50,000 figure mentioned in the lawsuit papers. In Pennsylvania, a plaintiff is not permitted to ask for a specific sum in damages. The plaintiff must demand an amount that is either less than or equal to $50,000 (the jurisdictional limit for arbitration); or more than $50,000. If it is the former, then the case goes into the Compulsory Arbitration program, rather than directly to a jury trial. If the demand is for more than $50,000 then the case goes directly into the jury trial system.

    Dale Larrimore

    Legal disclaimer: The comments above by Dale Larrimore, Esq. are provided as general information and not as a legal opinion or legal advice, because all facts are not available. The person requesting information and all others reading the answer should retain an attorney in your state who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Dale Larrimore, Esq., of Larrimore & Farnish, LLP, does not create an attorney/client relationship within any state or under Federal law.


  5. I agree with attorney Lassen. I would let your insurance company hire an attorney to represent you.
    Good Luck
    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  6. Your car insurance company is obligated to defend you. Contact your car insurance company as soon as possible.


  7. the obligations of the insurer under a cgl policy flow primarily from the “insuring agreement(s)” of the policy form. current forms include separate insuring agreements for bodily injury and property damage liability, “personal” and “advertising injury” liability, and medical payments, but the nature of the insurer’s basic undertaking is little changed from the venerable 1973 form, which was in use until 1986. the insuring agreement of that form providedthe company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of
    a. bodily injury or
    b. property damage
    to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company’s liability has been exhausted by payment of judgments or settlements.
    this insuring agreement imposes on the insurer two distinct duties: (1) the duty to “pay on behalf of” the policyholder all sums the insured becomes “legally obligated to pay as damages” because of injury or damage to which the insurance applies, commonly referred to as the duty to indemnify; and (2) the duty (and right) to defend any suit against the policyholder alleging a covered liability. it also confers on the insurer the prerogative to investigate and settle any potentially covered claim or suit, a prerogative the insurer is duty bound to exercise reasonably. these four insurer duties—to defend, indemnify, investigate and settle—are examined in the sections that follow.
    § 1.2.1 The Duty to Defend
    the defense provisions of cgl policies have been aptly referred to as “litigation insurance.” See Rubenstein v. Royal Ins. Co. of Am., 429 Mass. 355, 358, 708 n.e.2d 639, 642 (1999). as stated by the supreme Judicial court in Rubenstein:
    “[t]he promise to defend the insured, as well as the promise to indemnify, is the consideration received by the insured for payment of the policy premiums. although the type of policy here considered is most often referred to as liability insurance, it is ‘litigation insurance’ as well, protecting the insured from the expense of defending suits brought against him.”
    Id. at 358, 708 n.e.2d at 642 (quoting Brohawn v. Transamerica Ins. Co., 347 a.2d 842, 851 (Md. 1975)). the obligation is not merely one of reimbursement. the company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of
    a. bodily injury or
    b. property damage
    to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company’s liability has been exhausted by payment of judgments or settlements.
    this insuring agreement imposes on the insurer two distinct duties: (1) the duty to “pay on behalf of” the policyholder all sums the insured becomes “legally obligated to pay as damages” because of injury or damage to which the insurance applies, commonly referred to as the duty to indemnify; and (2) the duty (and right) to defend any suit against the policyholder alleging a covered liability.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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