Legal Question in Personal Injury in Massachusetts

Being sued for a three year old car accident

Back in March 2005 I was involved in a car accident that I was responsible for. The driver (an elderly woman) was fine, just a little shaken up, but the passenger (her son) went to the hospital.

I'm was and still am fully insured for up to 100,000 dollar bodily harm, and I filed all the claim reports for this issue. three years later, I get a letter saying the passenger is suing me for 22,000 dollars for medical bills. The thing is I only hit them going about 5 miles an hour when my car rear ended theirs. I've sent in answers to questions that his lawyer has sent my insurance agency's attorney, and now they've sent a notice for a deposition for next month.

My problem now is that this whole issue is starting to interfere with my personal life. I'm a full time student and the deposition is set for a time during my classes/labs, which I can't afford to miss. I don't understand why my insurance company is not handling this whole problem, especially since I was fully covered. I've also moved so I live far away from where the deposition is supposed to take place and it's a real hassle for me. Is there anyway I can just have my insurance company take care of this, since they aren't suing me for my own money? Thanks

~Jason


Asked on 8/12/08, 12:15 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Being sued for a three year old car accident

You should absolutely send this to your insurer.

There may be a time limitation period in which the woman could have sued you. However it sounds like the suit was timely filed.

You are not including some important factors which make it hard to understand your posture, and the related matters.

Without this data, you are asking the reader to take leaps, that is confusing.

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Answered on 8/12/08, 12:21 am

Re: Being sued for a three year old car accident

I don't know what fully covered means, but if the old lady is suing for more than your coverage you are not fully covered and should probably consider hiring, at your own expense, personal counsel to answer all your questions and to protect your rights. You have a duty to cooperate with the insurance company, which means attending depositions, responding to requests and being a good sport. Imagine how much cooperation you would be giving to a lawyer hired by you personally to assist you in a claim seeking your own personal assets, that is how much cooperation you are expected to give to the insurance company retained lawyer. This lawyer represents you, only the insurer is paying for his/her services. If all this is too much hassle you can withdraw your request to have the insurance company handle this claim on your behalf and you can hire your own lawyer and pay for any judgment against you to the old lady. You may want to rethink your obligations in this case and your responsibilities, you are not an uninvolved bystander, you are a named party being sued. You are expected to attend the trial if this goes to trial. Whomever told you that being sued will not interfere with your personal life does not know much, in my opinion. Regards and good luck, John Stewart.

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Answered on 8/12/08, 7:35 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Being sued for a three year old car accident

Your insurer should be handling this for you. Notify them immediately and make demand for defense and indemnification. If they resist, contact an attorney (ideally, an attorney would step in right now to broker the relationship b/w you and the insurer, and ensure they properly and immediately provide you a defense and indemnification; or to assess and respond to any objections or refusals to so by the insurer).

Also, the deposition can easily be rescheduled for a time convenient for you. If the insurer has provided an attorney for you, s/he should take care of accomodating your schedule for taking of the deposition. Sometimes even the location can be moved to accomodate a reasonable request. Your status as a student should have some force here.

Contact me directly if you need help making sure your rights are properly preserved and protected.

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Answered on 8/13/08, 11:45 am


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