QuestionQUESTION: If an auto accident occurred Dec.15,2009,can a person sue me now?
They filed the claim Dec.15,2011.
ANSWER: Hello Paulette,
Your question is a bit more complicated than expressed. Can someone sue you 2 years after an accident? Yes, technically they can - assuming you were responsible for the accident and they have legitimate damages.
But here are some of the underlying issues. Did your insurance company investigate the loss? Were you determined to be at fault? Do you have liability coverage? Has the other party received compensation for their vehicle damages? Has that party been permanently injured? If so, what compensation, if any, did they receive?
If there is a suit, is your insurance company defending your interests - assuming you have liability coverage.
One final note. In my opinion if someone takes two years to file a claim that is reason enough to deem that claim suspicious.
If you can provide me with more specific information, I can give you a more specific answer.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
---------- FOLLOW-UP ----------
QUESTION: @Jane Pytel,My boyfriend was driving ,I was not in the car.My boyfriend said the guy was going to go straight but decided at the last minute to make a left turn and hesitated,and my boyfriend hit him in the rear.We know the law states that my friend is at fault.There were no damages to the other driver's car and he said he was not hurt but later went to the hospital .The car was in my name and we had liability which is why They are suing both of us......but 12000.00.The insurance company paid the guy around 2500.00 and of course my insurance went up.We had damages to our car and the other guy is claiming that he lost about 3 wks. of work due to the accident.His injuries include injuries concerning muscle spasms to nerve damage etc.Lastly the lawyer that the other guy has is the same lawyer that my friend has in another accident that we were in ,where we were hit by another car.....that case is pending but now the lawyer will not return our calls in reference to our accident.It seems as if he just contacted us about that accident to obtain info for his case with the first accident.The case was scheduled for March 2nd but they requested a continuance.
Answer Hello Paulette,
Let me try to sort this out for you.
Your insurance company paid $2500. I will assume that is for the other driver's bodily injuries. In that case, clearly you have more than $2500 of BI coverage. Why are you dealing with this and not your insurance company? When they paid him the $2500, did they not require a release?
Now, if that $2500 is for property damages, you need to contact your insurance company immediately and make them aware of the pending suit. As long as you have liability BI, it is your insurance company's responsibility to protect you from any and all suits.
As for the issue with the lawyer, obviously I am not a lawyer, but from what you are saying the lawyer would seem to have a potential conflict of interest. I don't see how he can represent two people who were eventually involved in an accident with each other. You could get a second legal opinion on that, or you could contact the NJ Bar and ask them to advise.
Hope this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
