Legal advise please help...

[Bubb]

Last night at dinner knock at door. Wife gets a court of common pleas civil cover sheet? Writ of summons, moneys requested, motor vehicle tort, civil action by the sheriff looking paper in short. Something happened two years ago at a on ramp, cars bumped. No damages, no charges, all party's fine, cops where here. Didn't even bend liense plate up front. As best we can tell looking at our policy she must be looking for shit ton money? What do we do? Wife calling Allstate adjuster, but is this shit people go after your house over? Haven't slept all night! If she knew I was on here she would kill me. Frankly this is my happy place so I'm asking.... WTF what do we do to cover our ass. Lady was fine.... They don't come for your house for 2 mph bump do they?.. Just freaking out cause we don't know anything worring the worst.... Anybody shed some light please???

 

[Wintermute]

Let the auto insurance deal with it...that's what they're paid for. In all honesty, if it is a suit related to an automobile accident, they may file against you directly but the insurance is the one that supplies the lawyers and shows up to court. Additionally, a lot of the time there is a statute of limitations on any civil action (1 year in a lot of places). I had a case levied against me for something similar 3 years after the incident. Insurance showed to court, brought up the statute of limitations for the civil action and the judge immediately threw the case out. Never had to hear about it again.

--Wintermute

 

[Bubb]

Wintermute, I hope it like that! It was over 2 years ago? We are just fraking out a little.. I thought this is why you have insurance? The hours can't pass fast enough till wife calls adjuster, who is working claim. We are just walking on egg shells!

 

[bodywerks]

Yeah, don't freak out. Give that stuff to your insurance company and let them deal with it. It'll go nowhere. Don't let it keep you up nights.

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[Bubb]

I'm guessing they are dealing with it. But what we took from this was they wanted more than what the insurance was going to give them? So they where coming after us? Just scaring the shit out of us ( me ) till we find out what's up in 4 hours and counting.... I can't thin a bump, no damage to either car, and no tickets from cops could get this far?

 

[Bubb]

Worst night sleep ever!,,

 

[bodywerks]

And that's exactly right. If there truly was no damage or police report there is nowhere for this to go. Get some sleep.

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[sib1948]

Anyone can sue you for anything at any time. That's how or crazy system works. Let the lawyers deal with and don't worry about it until you know more about what's going on. It's only a piece of paper!!!

 

[19Scout77]

On what date was the complaint filed with the court? On what date was the accident? If greater than 2 years difference, then in all likelihood, case going no where. Also, what is your insurance policy limit?

As stated above, this is the reason you pay for insurance. Unless you are uber wealthy and this is a HUGE claim and a tiny policy, very few attorneys will forego the sure thing insurance settlement for the hope that they beat you at trial and can chase down a judgment.

 

[Bubb]

I feel like I slept in a fox hole lastnight, that I dug! No where near wealthy, crazy thing no car damage, no abulince, no police tickets. I'm hoping for the best here? Down to 15 minutes till they open and she can call. As for the claim it's within the 2 year window in pa but only by a few weeks!

 

[MikeeBooshay]

This is a common tactic used by the recipient classes. Get minor accident, wait until just prior to Statute of Limitations expires, then file suit. We had a rash of that in Houston a few years ago, usually focused on vehicles that clearly looked as business type, ie phone company, power company etc. It worked because insurance paid out, rather than go to court. Insurance company is wise to it now, and fights it normally.

It may end up going to court, the insurance company will represent there, with a good attorney. If anyone found at fault on your side they will pay up to limit of policy. Not likely to end up anywhere near that high, you should come out OK, other than wasting time. Most of the time, when other side sees insurance company fighting it, they give up, or they don't show in court.

Good luck, it will take a few months to work thru this. It's just scum looking for a freebie. DO try to get to court as soon as possible, delay tactics are rarely worth it.

 

[Bubb]

We aren't delaying this just all came out last night? You can't have a lesser bump than this? Swear it only mildly bent the lience plate in front! No damage? This has to be a trolling looking for hand out? What is tipical pay out in stuff like this??? I mean not loosing house stuff? Or telling daughter no to collage?

 

[Maggot]

Parasites. I hate'em.

 

[gimpy]

I wouldn't worry. My wife sued for an accident where a kid plowed in to her and tried to run. It took 3 years to get a settlement that covered her medical bills, even with the kid admitting to the cop that he was at fault.

 

[Bubb]

Just talked to adjuster. That paper is nothing to worry about. They paid to paint her bumper. So it's very minimal claim she could go after. And they will represent us and we have plenty of coverage... And not to worry we are in good hands with Allstate! Thanks guys for all the comments and advice. This forum give me the brother hood I so miss when I served! Thanks guys!

 

[Switchblade]

Take it to your insurance company. They will supply a lawyer for you at no cost to you. The money will be paid out of your liability insurance if the court case shows that you were liable. If your insurance sucks, then you will be in a situation that sucks. If you have good insurance, you will be fine