Civil lawsuit against my daughter

[mikelets456 78]

Ok, so I am totally ticked and fed up with "trash" taking advantage of the system. About 1.5 years ago my daughter (17 at the time) was in a car accident. She was merging and swiped the side of the woman's car. She and my daughter were fine. The police made a report and submitted it to the insurance company. Of course the lady sued the insurance company for $2500. Now my daughter gets a summons in the mail for a Civil suit.

 

I am "law" illiterate and could someone explain the basics on this. What can this woman do to me, my daughter...etc?

[vjf915 456]

Are you aware of what she is suing your daughter for? Your best bet is to sit down and talk with a lawyer, some will even give you a free initial consultation.

 

As far as what she can do to you or your daughter? She can motion to sue you for whatever she wants, but it is her responsibility to prove that she is right. If she was fine at the time of the accident, I cant see much that she could sue for as long as your insurance was valid and your insurance company paid for the damages. You will likely want to get your hands on that police report, as the responding officer would have noted any injuries....even though the damages to her car would show anyone with common sense she wasnt injured. It doesnt seem like much to worry about, except for the fact that civil suits only need a majority decision to win, unlike criminal which needs a unanimous decision. Talk to a lawyer, see what they say....to me it looks like she is just being a play old miserable "woman". (I am biting my tongue there)

[Pizza Bob 1,488]

Let your insurance company know what is going on. These nuisance suits are often brought in the hopes that the insurance company will settle instead of going to court. Since this suit is a result of the accident, your insurance company should give you representation.

 

The burden of proof is less in a civil suit than in a criminal trial, so get your insurance company involved, NOW. Hell, we ought to get something for the rates we pay.

 

Good luck.

 

Adios,

 

Pizza Bob

[tony357 386]

I would think the insurance co would have taken care of it all unless your policy did not cover everything..

[halbautomatisch 60]

I'm certainly not a lawyer, but this (unfortunately) doesn't sound unusual. Call your insurance company and they should take care of it, that's what your paying them for. She may end up having to give a deposition, but your insurance would provide her a lawyer for that. The insurance company will probably settle the case unless the plaintiff is asking for something grossly out of line.

[djg0770 481]

The insurance company will probably settle the case unless the plaintiff is asking for something grossly out of line.

 

Because it's cheaper for them to settle than to fight a frivolous lawsuit.

[maideneddie 35]

Get the insurance company involved. When I was 20 I ran a woman over that was crossing the street outside of a crosswalk. She turned around and sued me, and my car insurance company took up the lawsuit. It is amazing the police did not find me at fault for the accident, but my insurance company settled for a little over 220,000.00. Like it was said earlier take advantage of the premiums that you pay. Although chances are she is already suing the insurance company as well.

[savageshooter 10]

It's the insurance company's responsibility. Call them and forward all correspondence to them as well. If she has allstate she's lucky. They wrote the book on tort reform and have some of the meanest defense lawyers in the business. Their motto when on the defensive; Deny, delay, defend.

[JackDaWack 2,895]

My little brother was in an accident over the summer, some guy backed into his car while he was getting into it and hit the door, which in turn pinned him in between the door and the car, luckily the spot that got hit didnt have enough leverage to crush him. He went the ER with brusing on his chest. My father went to the scene of the accident where the guy who hit him was being such a scum bag, saying my brother flew into the parking lot and hit him...go figure, even with an outlined welt across his check of a door impresson, he still continued to lie, my dad said f this and called a lawyer to sue, normal he wouldn't but the guy was just being such a a-Hole he said he basically deserved it. Despite all of this, my dads lawyer(a very good one) said it was pointless, and you basically have to be permanently impaired to sue in NJ, for the exact reason of people abusing the system.

[Springfield1911 22]

Trust me you dont have to be permanently impaired. This guy at my work just got $40,000.00 for a car accident he was in. Funny thing is he actually didnt get hurt in the accident. He just blamed the car accident for his already bad shoulder and he got money for it. Took about 3 years.

 

My little brother was in an accident over the summer, some guy backed into his car while he was getting into it and hit the door, which in turn pinned him in between the door and the car, luckily the spot that got hit didnt have enough leverage to crush him. He went the ER with brusing on his chest. My father went the scene of the accident where the guy who hit him was being such a scum back, saying my brother flew into the parking lot and hit him...go figure, even with an outlined welt across his check of a door impresson, he still continued to lie, my dad said f this and called a lawyer to sue, normal he wouldn't but the guy was just being such a a-Hole he said he basically deserved it. Despite all of this, my dads lawyer(a very good one) said it was pointless, and you basically have to be permanently impaired to sue in NJ, for the exact reason of people abusing the system.

[Guest megaman]

I can tell you that you need to inform the insurance company.

This most likely sounds like a nuisance lawsuit, or you were not carrying enough insurance to cover the damages.

The quesiton I have is that she took a settlement from the insurance company and is also suing you as well?

This is odd as usually a civil suit is avoided by the insurance company's payment.

 

So unless you were not carrying enough insurance to cover this is the only way something like this would stick.

Most likely the person suing your daughter is trying to 'increase their payout'. But they are going to have to convince a jury that they deserve more money than they took in the settlement because they are very hurt, or have an ongoing injury, etc...more BS..

 

Most likely your insurance company will take care of it, but to be safe call a lawyer and consult as well to cover yourself.

 

I have sold insurance for the last 17 years...

[Guest megaman]

Because it's cheaper for them to settle than to fight a frivolous lawsuit.

 

 

A previous employer had a fund of 200k per year for frivolous lawsuits...Some people make a few grand just by being a pain in the a**, you would be surprised how often it happens...

[Anselmo 87]

If your daughter was served summons and complaint then you need to contact your insurance company. That is why you pay premiums to the insurance company. Your insurance company will deal with it.

[Maksim 1,504]

What everyone else said. There is a statue of limitiation in NJ, 5 years? or 7?

 

In any case, looks like your insurance paid for damages to the car, $2,500., she never gave up the right to sue for whatever else.

 

Call your insurance.

 

do we know what she is suing for? I would pick up a general umbrella policy as well... cheap insurance.

[Anselmo 87]

I think the statute of limitation is 2 years for an injured adult and it's longer for a minor. I can find out for sure when my wife gets home.

 

You don't usually see a complaint for only $2500. An amount that low is not worth the lawyer's time.

[BRaptor 68]

First, you have a limited time to file an Answer to the Complaint with the Court. Read the Summons and Complaint and find out when your deadline to file is.

 

Second, contact your insurance company and find out their position. They'll likely pick up the defense on your behalf.

 

Third, monitor the insurance company and what/how they handle the suit.

 

If you have to take this on without your insurance company, get a lawyer.

[mikelets456 78]

Thank you all for your responses. We are picking up the summons today. I should have seen this coming... when I went to the scene of the accident (3 miles from my work and my daughter crying to me on the phone) this lady was VERY arrogant and cursing up a storm. I told her she had every right to be angry and let me know what we can do to help... she just kept bad mouthing, and yelling at my daughter. I bit my tongue several times. The cop chimed in and said "mam, you need to calm down..". I knew this was far from over....

[vjf915 456]

Some people are just.....

 

I'll bite my tongue as well. Good luck, and keep us updated.

[jeffesonm 0]

I had a similar incident a few years back... got into an accident, the person sued... insurance company represented me and eventually settled but it took a long, long time... like 3 years, so just hang in there.