Legal Question in Personal Injury in Virginia

HELP! I'm being sued.

I was involved in an automobile accident over a year ago. This week, I received court papers from the other person involved in the accident. He is suing me for $380,000 in medical expenses and personal injuries. The property damage in the accident was $252, leading me to doubt that he sustained serious bodily injury since the accident was pretty minor. Nevertheless, I don't understand why he is suing me and not my insurance company? Isn't it my insurance company's responsibility to provide for his personal injuries through my policy? If I am found to be at fault, am I going to have to some how pay him that sum. I am a full-time graduate student on a limited budget. I have an appointment with legal aid next week but was told that they could not represent me in court. In the meantime, could you help me understand how the law works? Thank you.


Asked on 12/23/98, 3:23 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: HELP! I'm being sued.

The allegation is that you caused the accident, so they sue you. This is proper. Your insurance company's involvement is by contract with you, not with the other side. So when you get sued, you ask your insurance company to fulfill its contractual obligation to defend and indemnify you up to your policy limits. You should immediately present the lawsuit papers to your insurance company, which will appoint a lawyer to defend you. If you have less insurance than the amount of the claim against you, you may be at risk of an uninsured judgment, so it may make sense to retain private counsel as well. Act fast in turning the claim over to the insurance co. -- you do not want to be held in default.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 1/24/99, 9:57 pm


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