Legal Question in Personal Injury in New Jersey
Defense in a bogus car accident lawsuit
In December of 2004, I was involved in a car accident in which I was stopped completely and then took my foot off the brake and bumped the car in front of me causing mere paint damage to the bumper. No medical treatment was sought by either party and the plaintiff appeared in perfect health with no complaints. In Decemeber of 2006 I was served a summons filing a suit against me claiming ''severe and permanent injuries, ''great pain and suffering preventing them from pursuing their usual activities while incurring bills for medical treatment''. This is clearly a bogus claim. What are my rights and options as the defendant, considering there were no complaints of pain or injury or medical treatment at the scene and it is now two years since the accident?
Thank you in advance.
4 Answers from Attorneys
Re: Defense in a bogus car accident lawsuit
The statute of limitations for filing a lawsuit involving personal injury in New Jersey is 2 years, so it appears the suit was timely filed. You should immediately contact your automobile insurance carrier, which should provide you with an attorney to defend the lawsuit on your behalf. The issue as to any alleged injuries will be dealt with during the course of the lawsuit and plaintiff has to prove, by medical evidence, that he or she actually sustained injuries. If you would like to discuss this further, please feel free to contact me with any questions or concerns.
Re: Defense in a bogus car accident lawsuit
I understand that you are troubled by the claim for damages. However, the accident is your fault and at this time, your only interest is to make sure that your insurance protects you and that you do not incur any personal financial losses.
Turn the complaint over to your insurance as soon as possible. They will provide a defense and are obligated to protect you. From your perspective that means settling the case within the policy limits. Demand that they not only protect you by providing a defense but also take wahtever steps are necessary to resolve the claim within the policy limits.
While you may object in your mind to them paying a cent, that is not your concern. You paid for the insurance and the only benefit to them not paying to you would be in your own mind. Your insurance has already charged you for the accident. If the claim is bogus, usually the jury system works pretty well. If you are found liable, you wnat your insurance ot pay, not you. By encouraging them to protect you and demanding that the case be resolved for the insurance oyu bought, if they chose not to do so, it is their risk, not yours. On the other hand, if you demanded that they not pay, the risk could be on you, not them. That is why there is no benefit to you saying that they should not pay.
This does not mean that they will pay the claim nor that they should. The question is not so much for you as to the merit, but who takes the risk.
Complaints are standard, don't be shocked by yhe language. as to the seriousness of the injury, let your insurance determine this. There can be serious injuries in low impact cases and there can be none in high, it is harder to predcit than you might think.
In any case, cooperate with your insurance and you should come out of it without any problems.
Best wishes in the new year.
Re: Defense in a bogus car accident lawsuit
this is a typical scenario. Let your insurance company worry about it. That is why your pay premiums. In the end, your attorney (supplied by the insurance company) will know what to do and handle the matter appropriatly;.
Re: Defense in a bogus car accident lawsuit
contact the automobile insurance company who you had insurance with on the date of the accident which you said was December 2004. tell them you want to report that you have been sued, and you want them to defend you. you will have to fill out documents and forms. DO NOT JUST CALL THEM UP AND THINK THAT TAKES CARE OF IT. IT IS YOUR JOB TO MAKE SURE YOUR INSURANCE COMPANY HAS THE INFORMATION AND DOCUMENTS IT NEEDS.
If you did not have insurance at the time, you have a serious problem. Call an attorney near you who handles automobile accident defense.
If you do not defend yourself, even if you think it is a bogus claim, then the plaintiff will get a court judgment ordering that YOU pay money to the plaintiff.
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