by Islandflashback » Sun Sep 14, 2008 12:12 am
My wife was driving my car with me as a passinger, she stoped at a yeild sign the started through intersection and we were hit as the other car came around the bend. It was determined to be our fault. Damages for my car and the other car were paid by my insurance company. Now 2 years later we are told he is claiming more medical and emotional damages and his wife who was not in the car is caliming loss of affection and other things in excess of the 100,000 limit on my insurance. My wife is very concerned about the loss of our home, we don't have any money to pay any more. By the way the guy I hit is an accident attorney. What should we do? We live in the state of NH.
Posted: Sun Sep 21, 2008 11:03 am Post Subject:
In essence that's what happens any time you get suit papers your next call had better be to your adjuster and they will tell you how to get the suit papers to them...time is of great importance because all suits require an ''answer'' if you're late you lose the case.
Posted: Mon Sep 22, 2008 07:14 am Post Subject:
Most often these suits are short lived. The attorneys and the insurance companies try to settle the matter outside the court yard. I agree with lori, most often than not the cases are filed in order to prevent the SOL from running out.
The court letter needs to be directed towards the responsible party and not to his insurance, since he has caused the damages and is responsible to make the compensations. The recipient of the letter then can inform his insurance company to tackle the situation.
The insurer may then hire an attorney for his client to plead the case or may facilitate a negotiation with the other party.
Posted: Tue Sep 23, 2008 01:06 pm Post Subject:
most often than not the cases are filed in order to prevent the SOL from running out.
Would like to know once a suit is filed, how long could the statue of limitation be extended?
Posted: Wed Sep 24, 2008 09:37 am Post Subject:
Would like to know once a suit is filed, how long could the statue of limitation be extended?
Until the case is rememdied either by judgement, withdrawing, settleing out of court...The filing of the suit 'stays' or stops the statute from running past the date filed...Posted: Wed Oct 01, 2008 11:14 am Post Subject:
Okay I am trying to understand a little how this works. So say I hit someone..(pray not)...then they hire an aty and go to sue me..my insurance company doesn;t get contacted by the other persons atty but I do instead? So it is up to me to contact my insurance company to let them know there is a lawsuit? When I spoke to my atty they said they were forwarding all requests and documents to the othe insurance company. Did they sidestep the actualy insurance policy holder or maybe sent them a letter when I first hired them?
Posted: Wed Oct 01, 2008 12:04 pm Post Subject:
me..my insurance company doesn;t get contacted by the other persons atty but I do instead? So it is up to me to contact my insurance company to let them know there is a lawsuit?
This is only if an actual suit is filed...if a suit is file it must be filed against the at fault driver/owner NOT the insurance company...if your attorney were to file suit...(all he has sent is a representation letter) then he would have to sue the at fault party and they would be served suit papers which they would get to their adjuster PDQ and the ins co would have their attorney answer the suit.Posted: Wed Oct 01, 2008 01:19 pm Post Subject:
Odds are that you exchanged insurance information at the scene. Once the attorney sees that you have insurance, he/she will probably go after them first - easier to get the money from them first...then see if there is any need to go after you personally.
Posted: Wed Oct 01, 2008 11:59 pm Post Subject:
HUH! I had to wait days to get the insurance info. They wouldn't let me get it at the scene and said they would take care of it for me. So the next day I called the police and they told me they couldn't release it to me until after the report was on file...in two weeks. Thank God the officer at the scene called to see how we were doing and gave it to me off the record.
Posted: Thu Oct 02, 2008 12:04 am Post Subject:
I hear of that happening sometimes around here. In Mississippi, the police have a form they give to each driver involved in the accident. Name, address, license number, insurance info, etc. Several people have told me that the officer is specifically told not to "require" all the sections get filled out. So if one of the drivers refused to fill it out, then the other driver is S.O.L. Of course, he can write down the license plate him/herself. It takes about a week in MS to get the police report.
Here in Memphis, there isn't a form. If a driver doesn't want to talk to the other driver, then so be it. Police reports take as long as two weeks.
P.I.T.A. for insurance companies.
Posted: Thu Oct 02, 2008 12:20 am Post Subject:
Yep This is what almost happened here. I really believe he was calling to give me the info and not check up. At the scene he sat with me for a while and I was really concerned about getting her info but the ambulance people would not let me move so he said he would get it. I find this soo ridiculous. I thought they were there to help a person. Why not get the info if the other person is injured. Why withhold it? I hope any officer who does do that has it come back to bite him in his rear.
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