Legal Question in Personal Injury in California
Hello..2 years ago I had just had back surgery and was on my way home from an appointment when i was rear ended..then that person was rear ended which hit me again. At the time I was drivng a rental with full coverage and since nobody was injured with very little car damage and the 2 people behind me didnt have insurance...everyone left it at that. Now I have a subpeona to appear as a witness for the first person who rear ended me (he didnt have car insurance and was very insistent at the time to handle things without police and insurance companies). What im afraid of is that his lawyer is fishing for another person to sue..should I get representation prior to my appearing?
TIA
2 Answers from Attorneys
No, two years ago you should have got representation. So what if they decide to sue you. Any lawsuit against you will be defended and possibly settled by the rent-a-car company's liability insurance carrier. If you receive a "summons" this means you are being sued and you would need to notify the liabilty insurance carrier.
First, I do not know what "2 years ago" means. Does this mean 1 year, and 11 months, or 2 years, and 3 months? This is important because you have a 2 year statute of limitations for a personal injury lawsuit. Next, you stated that you just had back surgery right before the accident. However, you did not discuss your injuries. If the accident caused further injury, then you may have an "eggshell plaintiff" claim. Next, if the other drivers were uninsured, the question is, do you have uninsured motorist insurance? Please note that if you do have uninsured motorist insurance, there are special procedures which you must follow to prosecute your claim.
With regards to appearing as a witness, I couldn't advise either way since I do not know all the facts. With that said however, just relying on your version of the facts, if the guy who hit you in the rear wants to sue you, then his lawyer may be an idiot. I would doubt that a lawyer would pursue such an action, but in this field, who knows.
Anyway, please feel free to contact my office for a free consultation at 877.505.INJURY.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
