I have auto insurance- being sued anyway

[smatheso]

My daughter was involved in an accident in a parking lot at school. She tapped a car that unexpectantly crossed infront of her. The person she hit is a youth as well. He does not want to file a claim with the insurance company out of fear of increased premiums. I have auto insurance and have filed a report/claim with my insurance company as well as the plaintifs insurance company.

He is taking me to small claims court even though I am willing to deal with this through the insurance company. The damage amounts to $1250.

The kid did not signal during a few irratic turns that ended in an s curve back across the path of my daughter. I believe that this is either a no fault or his fault situation.

I did notify both insurance companies as soon as the accident occured. Neither are taking any action yet.

What should I do? Will the judge dismiss the case due to both parties having insurance that can handle this?

[Edited by smatheso on 01-24-2001 at 03:13 PM]

 

[JETX]

You need to let your insurance company know that you have been sued as a result of the accident. They will handle the matter, including hiring a lawyer to represent you and to respond to the claim.

There is no obligation for the other driver to resolve this through your insurance company. That is your responsibility.

 

[smatheso]

Getting Sued - Help!

I notified the insurance company after the accident. No action by either insurance company yet.

 

[JETX]

Yes, you notified them of the accident for claim purposes, but have you notified them of the lawsuit????

If they are aware of the suit and still not responding to protect your interest, you need to get them going. Once the lawsuit is/was filed (Your post is not clear, but implies that a suit has been filed, "He is taking me to small claims court"), the clock is running for your required response. You need to respond in a timely manner to protect your rights.

 

[smatheso]

Yes, I did notify them of the fact that I am being taken to small claims court. They said that they will pay if the Judge finds that our daughter is at fault.

I am wondering if the judge will even waste his/her time on this since the insurance companies will take care of the damages to the car. The plaintiff is asking for the cost of repairs but is unwilling to do the claim with insurance companies involved. He wants it to be handled out of pocket.
This is so his son's insurance will not go up.

I did get letters from the insurance companies that state that I notified them of the lawsuit and tried to file a claim to get the plaintiff's car damages paid for.

The plaintif is hoping the Judge will find my daughter at least half at fault and order me to pay half the damages. Allowing him to pay the rest out of pocket.

As it stand now, the insurance companies would find NO FAULT, and his insurance would pay for the damages. Ours would pay nothing because we had no damage to our vehicle.

Any input/advice?

 

[JETX]

I guess I misunderstood your issue....

Your first post said that you daughter "tapped a car that unexpectantly crossed infront of her". Depending on the specific circumstances, your daughter might, or might not, be at fault. Since you haven't told any of the details, we cannot determine fault or percentage of blame.

Your questions (at that time) were:
"What should I do? Will the judge dismiss the case due to both parties having insurance that can handle this?"

I responded in answer to your questions.

Apparently, now the question has changed that you don't feel that you daughter is responsible since you don't want to pay any of the other drivers damages.

When it comes to determining the extent of fault, I assume the judge will listen to both sides and make a decision based on the evidence presented. You just need to present stronger evidence than they do. It is virtually impossible for this forum to determine the facts for you.