Legal Question in Personal Injury in New York
Auto Accident,
I was involved in auto accident, My 2005 jeep totaled. I was in turning lane of intersection. I had a green light, and I started to make the turn when I was hit on passenger side. Other vehicle stated he had green light also. There were no witnesses, and no tickets issued. The other driver got out of car, and no visable injury was seen. He did go to hospital. I got a summons left at my door 4 months after accident. Summons says he has serious injury, and econiomic loss, stating I came in violent contact with the plainiffs vehicle. He actually struck my vehicle. I didnt see his vehicle when I began to turn. He is claiming my negligence, and is claiming he is ''entitled to damages in a sum greater than jurisdictional limits of all lower courts would otherwise have jurisdiction''. I have given the summons to my car insurance. I have been being treated for neck pain. What should I do (if anything) besides giving the summons to my insurance company? Do you think he will win a settlement?
2 Answers from Attorneys
Re: Auto Accident,
The good part is that you were not injured. That is important.
He may not win a 'settlement'. Some insurance companies are tough guys and, as you can guess, defense lawyers make their money defending, not settling, cases.
When he writes, ''entitled to damages in a sum greater than jurisdictional limits of all lower courts would otherwise have jurisdiction'', all that means is that he has a lawyer.
That is the required language for such a document. No specific dollar amount can be listed.
You did the right thing by passing it to your insurance agency and can rest easy. Your only responsibility will be to do what the insurance company says and pay the rate increase. sorry. but that's the insurance.
Good luck.
Re: Auto Accident,
You have done what you needed to do which is to notify your insurer of the lawsuit. they will take the lead in defending the case, that's what you pay them to do. All you need to do is comply with the insurance company's request should you need to go to a deposition. You probably do not need to lose any sleep over these circumstances. Also if you had injuries you may want to consider bringing your own action against this person as a counterclaim or separate lawsuit.
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