Auto Insurance Claims: Being sued...2 years later..., auto injury liability


Question
Son was in an accident 2008 and his car is insured under me and my husband.  He was found at fault and our insurance settled the claim with the other party. This year my son recieved a letter saying the other party is suing him for pain and suffering, doctors bills etc now. What are we to do now. We have 21st Century and my son car is covered for liability (basic requirement by law).

Answer
Well if your insurer really settled the claim with the other party, then they should have gotten a release signed, so it sounds like it was not "settled". Most states allow 1 or 2 years to file suit for injury. And even if your insurer paid the policy limits without a release, you could still be sued for the excess. Unless you can show that your own insurer was negligent in handling the claim, you may still be open for additional damages. See an attorney.