I just got served papers, whats going to happen?

Question

2 years ago (summer of 06) i got in a car accident. we were at an intersection and the lady in front of me went when the light was still red. i didnt pay attention to the light and instinctively followed the lady. she hit the break (im assuming she realized the light was still red) and then i hit her from behind. we called the police. we both took partial credit for the accident. insurances were notified. i thought everything was taken care of now its 2 yrs later and im getting served for her damages, medical bills, lost wages, etc. I'm calling my insurance in the morning but for now is there anyone with advice, comments, suggestions. Thanks for the help guys.

Answer 1

I thought the statute of limitation on a car accident was 366 days. Even if they waited too late, they would have at least 60 to 90 days to serve you. 2 years is a long time. Check to see if the statute of limitation is up on this.

If it turns out that they can sue you, just let your insurance company handle it. They will hire a lawyer to represent you. You pay insurance so you won't get sued. It's your insurance company that's getting sued. The worse that will happen is that they will go up on your insurance premiums. At fault accidents will stay on your record for 3 years. After 3 years, your rates will start to go down.

I wish you the best. Try not to worry.

Answer 2

Call your insurance company ASAP!  Now.

If you have the info of the adjuster that handled your claim -- call the adjuster. If you don't have that - call your agent!

Your insurance company will hire an attorney to defend you. However, there is a time limit that they have to get an answer on file. The clock starts running when you get served the papers.  If an answer does not get filed in time, it's a default -- that's an automatic "you lose -- it don't matter how the accident happened".  As you can see....that's bad.

In most areas, the time limit is 30 days.

However, your insurance company has to get the suit papers from you -- get the suit and file over to an attorney -- the attorney get info from you  -- the attorney write up an answer and get it filed.  The more time the insurance company and attorney have to do that the better.

Your insurance company will need to know - 1. when did you get the papers (date and time) and 2. how you got the papers (process server or certified mail).

When you contact your insurance company -- make sure you let them know you got suit papers. Make sure they have your current address and good phone numbers to reach you.

Be sure that you cooperate fully with the insurance company. They will work to defend you, but need you to cooperate to do that. If you have any questions - ask the adjuster or the attorney they hire.  

So.....stop reading this .....and call your insurance company now! If it is after hours and they are closed -- call and leave them a voice mail message that you got suit papers and good phone numbers to reach you. Then call them again as soon as the office opens.

Answer 3

1. Notify your insurance company IMMEDIATELY. You will need to fax the suit papers to the insurance company. Most of the time the insurance company only has about 20 days to answer the suit.

2. Once your insurance company receives the suit papers from you they will then assign a defense firm that works with your particular insurance company to the file. The will may assign a litigation adjuster to the file. The defense attorney will represent you and your carrier up to your policy limits. In this particular instance this appears to be a bodily injury claim. As long as you carry bodily injury coverage then your carrier can defend you.

3. The defense attorney will respond to the suit on your behalf.

4. You always have to right to hire your own attorney to represent you and your assets. It is a personal choice to do so and as adjusters we are barred from telling you if you should or should not, we can only advise that you have the right to have your own defense.

5. You may be asked to complete an affidavit of not other insurance. This will be to confirm that at the time of the loss you were not in the course or scope of your business and that you have no additional insurance other than that of your personal auto policy that will apply to this loss.

6. If you do have an umbrella policy that may provide additional coverage for this loss you need to put them on notice of the suit as well.

The statute of limitations varies from state to state when it comes to making injury claims. Florida is 4 yrs and I know Gergia is 2 years. Depending on the state you live in, the statute of limitation may be running out and as a last ditch effort to secure more time the claimant has filed suit which will suspend the statute.

If you did not have bodily injury coverage on your policy when this loss occurred, you will be responsible for addressing the suit on your own. Your carrier cannot defend you for a coverage you did not purchase.

Keep in mind that litigation is expensive and time consuming for all involved. Keep an open communication with your carrier and cooperate with them. Often times claims/suits can be resolved with a pre-trial mediation. And don't be afraid to ask questions. That is what your insurance company is there for. I hope this information helps you out.

Answer 4

I dont think this is the right place to ask this kind of question. It seems to me that this is very serious. Ask a professional, and you should get ready for a lawyer.

Answer 5

They probably have been negotiating with your insurance company for quite a while and the statute of limitations was about to run (2 yrs in most places), so they filed a lawsuit.  You insurance company will hire an attorney to represent you.  Just give the papers to them and let them handle it.