Auto Insurance Claims: Getting sued, asset check, moms name


Question
Two years ago i was involvd in a car accident. I hit a lady's  car from behind. the back end of the car was damaged. she drove home after the accident and said she was fine. the other day i got served papers saying she was suing me for an amount exceeding $25,000 dollars. i know the statute of limitations is two years, she filed her papers seven days before the two year mark. My car was also in my moms name and the insurance plan we have is just the basic liability. i do not own any property or have any assets but my mother does. what are the chances that we are going to have to pay the money out of our pockets or hand over our property or assets? Im really stressing out about it and any advice would be greatly appreciated.

Answer
The suit was only filed to protect the statute.  You need to immediately fax or mail a copy of the suit papers to your insurance company and they will defend you.  Out of millions of claims every year less then 3% or so ever go to trial and even if it does go to trial the lady will not necessarily get an amount beyond your policy limit.  Your assets and your mothers will be protected.  You really have nothing to worry about as this happens all the time.  Even if you have minimum limits, which I have no idea what they are in your state without knowing where you are, you should still be fine.  The other ladies attorney will likely do an asset check on you and your mother since your policy is for the minimum but sounds like this lady does not have much of an injury so you should be fine.