Auto Insurance Claims: Being sued, minor accident, injury settlement


Question
My husband was in an little accident where he was stopped at a red light and he accidently took his foot off the brake and hit the car in front.  Our insurance company thinks the lady that he hit is suing for excessive damages, because he was at a complete stop before he hit her (going under 5 miles per hour).  Yesterday, he got served papers because she is suing my husband and the insurance company.  Do we need to get an attorney or just call the insurance company and find out why they have not paid any monies on the claim?

Answer
This is not unusual.  The insurer believes she is exaggerating her injuries because it was such a minor accident.  They probably made her a low injury settlement and her attorney then filed suit.  

You should immediately notify your claim rep and fully cooperate with the insurer.  They will assign an attorney to defend you in the suit.

Most of these cases settle before trial.  Judges and juries are much less likely to award a lot of money on them in recent years because a lot of people are aware of the racket.