Legal Question in Insurance Law in Canada

car accident in NY with Canadian trucker

Hello, I was involved in a car accident in August 2004. I was in a friends car with said friend. It was her mothers car, drivin with permission, I believe my friend J was on her moms car insurance. She got a flat tire while driving and felt more comfortable that I drive the rest of the way home on the interstate. With a donut tire I began driving aprox. 44 MPH on cruise control with my flashers on around 9pm (dark out)right hand lane and a semi truck did not move over in time and hit the car we were in and he recieved a ticket from the officier on the scene. my friend J is suing the trucking company, it is in Quebec. She hurt her back. I have nothing to do with the case but i recieved an email from her stating it was gonna go to federal court and in order to stop that she and her lawyer needed to sue me (or the Canadians will) so she can get her full settlement. she also states that nothing will happen to me. i have that message if that will help. i do not know what to do and it sounds kind of illegal and I do not want to be invovled. But she says I am getting sued either way. What can i do?

Thanks you


Asked on 6/13/06, 3:31 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: car accident in NY with Canadian trucker

If you were driving, I too would sue you. It is possible, however remote, that the operation of your car somehow caused something to happen.

Good Luck

RRG

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Answered on 6/13/06, 5:53 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: car accident in NY with Canadian trucker

This is slightly complicated to explain but to put it simply, if you get sued, immediately forward the summons and complaint to your own insurance company and her or her mother's insurance company. Your insurance company should actually take care of that if they get the facts straight, but you were a permissive user of her vehicle. That gets you covered, in NY anyway,

under her policy.

It also brings your insurer in as co-insurer or excess.

It is not illegal, it is jurisdictional, and it sounds like the trucking company removed it from State to Federal Court. But all the promises and good intentions won't stop you from getting sued or poossibly being found partly responsible. If you don't want to pay for legl fees and any potential judgment, make sure you provide the company with timely notice of the lawsuit, especially since your company will not have knowledge of it,although her company will from no-fault payments. They will have to provide lawyers and liability coverage for you if you were driving her car with permission.

Don't wait, and make sure you have the information from her insurance policy.

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Answered on 6/13/06, 9:17 pm


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