Legal Question in Personal Injury in California

Defendant in Unlimited Civil Case, Rear-end accident

My husband is being sued for a rear-end accident that occured 14 months ago. Incident: during rush hour, he rear-ended a little SUV and popped the window (think manufacturing defect for spare tire bar and safety advisory warning about it) at under 10 miles per hour. Insurance was exchanged and his insurance covered accident. Three months later: plaintiff was hit again by some other person. Now: both my husband and other person being sued. Summuns reads:...defendant...negligently operated [a car]thereby causing his vehicle to collide with plaintiff's vehicle, resutling in injuries to plaintiff...caused to suffer and continues to suffer from multiple and permanent physical injuries and mental anguish, nervous and emotional pain and suffering, wage loss and loss of earning capacity all to her detriment... Question: I know we need a lawyer (and we're getting referrals tomorrow), but how stressed/anxious/scared/nervous do we need to be? We're graduate students and live pay check to pay check. Is this really really big trouble (in terms of finances -we don't even have a house just big student loans) or a little trouble or what? What are the odds that the plaintiff will win in cases like this? Thanks!


Asked on 1/29/04, 12:54 am

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Defendant in Unlimited Civil Case, Rear-end accident

Provide all facts, info to counsel and he can better evaluate.

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Answered on 2/04/04, 4:28 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Defendant in Unlimited Civil Case, Rear-end accident

Immediately "tender" (i.e. provide a copy of) the lawsuit to your insurance company. It should be able to sort out the mess, and you should have no money out-of-pocket except the deductible. That's why you have insurance! If you have trouble with your insurance company, please let me know.

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Answered on 2/02/04, 9:49 pm
Rob Reed Law Office of Robert A. Reed

Re: Defendant in Unlimited Civil Case, Rear-end accident

You mentioned that "insurance was exchanged" at the scene of the accident. If you had insurance that covered your vehicle at the time of the accident, your insurance pays for attorneys to represent you.

Just call your insurance company and forward the lawsuit over to them.

Good luck...

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Answered on 2/02/04, 10:16 pm


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