Legal Question in Personal Injury in Illinois
daughter is being sued
My daughter is being sued for 50,000 dollars because of a miner traffic accident which she was involved when she was sixteen years old. She is nearing her eighteen birthday and they are calling us in for a deposition. Our insurance covers up to 100,000, but I dont understand why we are being called in for a deposition. Me and my daughter have answered an eight page summary of the accident. The total sum of repairs of both cars was only 3,100 dollars and no injury to either party. (a non impact collision) I have had only brief conversation with State Farms lawyer who is handling the case. Do I need to continue with this scam ?
3 Answers from Attorneys
Re: daughter is being sued
I second Matthew Belcher's opinion about how State Farm is in the business of taking your money and then doing everything they can not to pay out even if it means loss of time, wages or aggravation to their insured.
BTW: "non impact collision" is an oxymoron. If there is collision, there is impact.
I think you would be well served to request State Farm to give you a copy of the plaintiff's medical records and then see for yourself whether this is a "scam" or not--and if it is a scam, is it one perpetrated by State Farm or the person whom your daughter hit.
There are always two sides to any story.
I hope this helps,
Taradji Law Offices
Note: yes, you must comply with what State Farm says you must do. In their policy if you do not comply, you give them an excuse to nullify you coverage and send you on your way and on your own. The good folks at State Farm know how to be good neighbors.
Re: daughter is being sued
You may think this is a "scam", but from what you have written, you have nothing to support your belief. What medical evidence do you have that the other driver was not injured? Cooperate with your attorney and discard your feelings of indignation.
Re: daughter is being sued
You are seriously misinformed on several counts:
First, you are not being sued for fifty thousand dollars, you are being sued for an amount in excess of fifty thousand dollars. That amount is 'jurisdictional' and used to decide in which court that the case should be heard.
Second, you are being called in for a deposition because you are being sued and State Farm has not - or will not - settle the case.
If they had a valid reason for not paying the claim then you would have had more contact than a brief conversation with State Farm by this time.
You should then ask State Farm why if you pay your insurance premiums then why do they not pay your insurance claims.
State Farm is in the business of accepting insurance premiums and then trying to avoid paying claims in my experience - usually at the expense of your time, effort and expense of their insureds.
You state that there was "no injury to either party" but I am curious how you decided this....
Maybe you went to medical school, you performed a physical examination of the other party, then you reviewed their x-rays and MRI's and then you determined that the other driver was not injured....
Until then maybe you should ask State Farm for a copy of the medical records and bills and then ask them why they have decided to not pay your claims.
As an example, look at the terror State Farm is putting their own insureds through after the Katrina mess.
They still have not repaired or replaced tens of thousands of people homes.
I would suggest that you get a new insurance company with a better reputation, that is my opinion.