Legal Question in Personal Injury in California
Am I going to get sued and am I liable?
Two years ago (9/15/2001), I was involved in a collission at a 4-way stop. I proceeded to make a left hand turn, and a woman ran her stop sign (making a left hand turn on my left side), she slammed on her brakes so she wouldn't hit the car in front of her, and I swerved to try not to hit her, but hit her bumper anyway going about 10 mph. There was very little damage to either vehicle, there were no witnesses and there is no police report. We didn't call our insurance company to report this because we had less that $500 worth of damamge and we didn't want to pay our deductible. We found out a few days later that our insurance lapsed and we were not covered for the incident. Now her insurance company says they are going to sue us for $7850.00. The amount is for $350.00 for a new bumper and $7,500.00 pain & suffering. I'm confused and not sure what to do. I think that the woman is a scam artist because she immediately said that her husband was an attorney and he would take care of this. Am I liable for this, and if so, what should I do?
5 Answers from Attorneys
Re: Am I going to get sued and am I liable?
You are going to need an attorney to defend you.
Re: Am I going to get sued and am I liable?
If you get sued, the case should get dismissed because the one year statute of limitations in personal injury actions has already ran. You need an attorney to make sure that this issue is raised in the lawsuit. If you have any questions call me (415) 637-8483.
Re: Am I going to get sued and am I liable?
It's too late for them to sue you for injury, only property damage claims can now be brought. Your defense is to show repair estimates on the cars, photos of the cars, witness statements as to the lack of damage to the cars, or whatever else you can come up with now. If it is small claims court, you go without attorneys. If it is in Superior Court you will have to follow all the procedures and filing requirements. Maybe hiring an attorney to settle it will be in your best interests. Get someone local.
Re: Am I going to get sued and am I liable?
Thank you for your posted question.
It's not clear if the woman has her own attorney threatening to sue you, or if the insurance company is truly suing. In such a case, the insurance company might not be able to get any thing for pain and suffering, and of course, you have the right to challenge any of their figures, including the pain and suffering.
Because you didn't have insurance, you will have to defend this, or claim bankruptcy.
I hope that this information helps, but if you have any further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.
Re: Am I going to get sued and am I liable?
THe good news is that liability does not look clear. If it is as you say, they probably wouldn't win.
The bad news is, the insurance company can still sue you. Under insurance code section 11580.2, an insurance company that pays monies to its insured because another party in an accident was an uninsured motorist has three (3) years to sue. In the case of property damage(the bumper), they have three years from the date of the accident. In the case of personal injury(the big amount), it's three years from the date they pay a bodily injury settlement to their insured.
If you have assets (home, etc.), the insurance company is more likely to be more aggressive with you. If you don't have much in the way of assets, they may not be so aggressive.
At any rate, you should consult an attorney.
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