Legal Question in Personal Injury in California

Motorcycle Accident 2 yrs later.....

I was in a motorcycle accident over 2 yrs ago, there was another biker that hit me from behind after i collided with a truck. He did not file a claim with my insurance co in the allowed 2 yrs, so i got call from my insurance co, informing me I may be served with a summoms to appear, i may be sued. I had Insurance when this accident happend and i was Injured as well, i got a lawyer, he took the case, the biker behind me WAS my withness, but due to my insurance co not paying what he thought was a fair amount on his bike settlement, he got a lawyer, then contacted my lawyer that he would not be my witness due to filing a claim against me? I was found by the insurance co 75% AT FAULT . They told me they would not total his bike as it was not damaged that badly... I am confused and a bit scared that I will be served, i find myself looking over my shoulder now and it is messing with me. Any advice will be nice as i am a mess. Thank You


Asked on 7/17/07, 12:48 am

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Motorcycle Accident 2 yrs later.....

You have a lawyer through your insurance if you are sued. If the potential liability exceeds policy limit, they must inform you and offer you independent (Cumis) counsel to protect you interest. Press you insurance company on these issues and keep notes of your conversations and the substance of their responses.

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Answered on 7/23/07, 8:45 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Motorcycle Accident 2 yrs later.....

Notify your insurance company ASAP. A provision of your policy is that the insurance company will hire a lawyer to defend you (this process is called "subrogation").

That lawyer will inform you of all the details.

Stop worrying! Part of a good lawyer's duty to you is to explain all the details.

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Answered on 7/24/07, 1:49 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Motorcycle Accident 2 yrs later.....

1. Dont worry about being served. If it happens, it happens. Just give it to your insurance company.

2. Talk to your attorney.

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Answered on 7/24/07, 9:39 am


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