We've advised you before that in a civil lawsuit for an auto accident, the only thing the Plaintiff can ask for is money. No jail time in a civil lawsuit.
The most interesting thing about your question is the last sentence: "i have contact my insurance after the accident. and they payed him whatever i had on the plan." Are you saying that your insurance company settled with the driver and he is now suing you? For most of us, that doesn't make sense. Usually, when an insurance company settles with a claimant, it requires that claimant to sign a "release," a legal document which basically says that he can't sue you in court for the accident now that they've paid the money.
If they paid him the money without getting a release, then they are in big trouble and you should consult with an attorney who practices bad faith litigation.
If they paid him the money and he DID sign a release, you should contact your insurance company. They will hire a lawyer and defend you in this lawsuit.
If they didn't pay him the money, only offered it, you should contact your insurance company. They will hire a lawyer and defend you in this lawsuit.
I would suggest that making the same inquiry here on avvo is not a productive way to get the answer you are seeking, for most of your questions just don't have enough facts for a proper answer. If you are really concerned about the issues in this lawsuit, go and meet with a lawyer face to face. It's worth it to pay for an hour of time to get clear answers to your questions. Many lawyers will give you a free consultation.
Last thing: if in fact your insurance company is claiming to have paid the driver and he's still suing you, start a paper trail with your insurance company. In other words, don't rely on phone calls. Write letters and demand that they respond to you in writing. Keep copies of everything.
Yes, this queston has been asked and answered previously. What you have described is a civil lawsuit-not a criminal matter. Turn the matter over to your insurer immediately to make sure your default is not taken!
The information provided herein does not create an attorney client relationship and is provided for general purposes only. You should consult and retain an attorney to protect your interests.
As noted by others, you do not go to jail because of a civil lawsuit. If you have insurance, notify them about the lawsuit immediately and they will provide a defense. More than likely, your liability will be settled within your insurance limits.
I assume you have adequate insurance to cover the damage, thus, if you are sued, your insurance company will defend.
The answer does not create an attorney/client relationship and is for informational purposes only.
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It is unlikly anyone will do time. You should get your carirer to get a general release from everyone in fact you should demand that that it settle any claims against you for polocy limits.
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The answer provided by Mr. Max Draitser is on the money. He has explained each possibility that I can see. It all comes down to what your insurance company did and or did not do. Insurance companies make mistakes ALL THE TIME. If they paid and did get a release, they must defend you. IF they paid and did not get a release, they screwed up. If they did not pay and should have paid, they screwed up. If the did not pay AND WERE NOT OBLIGATED TO PAY for some legal reason, you should contact an attorney and find out why. Good luck.
This is NOT legal advice rather, it is opinion only based upon the facts as stated. There is no way to know the outcome of any judicial matter at this stage.
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