I'm being Sued and My Insurance company won't represent me !?

by admini on September 7, 2010

2 1/2 years ago I had a bumper to bumper with another car and we both left the seen without a police report and there were no injures.So I never reported the accident to my insurance company.. Now 2008 I got a motion to appear in Supreme court that I’m being sued by the person that I had the accident with. He is claiming personal injury. I called the insurance company to tell them the situation and they claim that being that i never reported the accident they can no-longer represent me. So what can I do ? I’ve called several lawyers and they all say that it’s going to be an expensive case and i have to pay for everything. I don’t know what to do and where to start ? Should I go ahead and protect the little assets that i do have ( a car) and the little money that I do have in the bank. Will the courts go after that in court being that I don’t have any real assets ? Can someone please offer me some advice.. or help me get a laywer.I have to appear in court 3/11/08 . Thank you. God Bles


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{ 11 comments… read them below or add one }

fairly smart September 7, 2010 at 4:57 am

Well, apparently you hit the other car…that was your first mistake. The second was leaving the scene. You have no proof at all that the other person was okay. Get the lawyer…you won’t have to worry about assets, the lawyer will use them. But, since you are in the worst possible place, it is all you can do. You HAVE to get info, & you really should get the cops involved, & you should have called your car ins. Don’t be surprised if they drop you too, after this is over. This shows bad judgement on all counts. Good luck, you will be needing it.

Ana C September 7, 2010 at 4:57 am

First of all, if the lawsuit was filled after 2 years from the date of the accident, in most states it is no longer a valid claim. Second, if you received a summons and complaint – did you file a response? It usually takes 6 – 9 – 12 months to get a court date for a tort action into trial. Contact the bar association of where you live and get some info on attorneys that handle that type of matter or can do pro bono (free) work if you can not afford it.
Be aware that if you did not file a response to the complaint in a timely fashion you can be defaulted and they automatically win.

darkridr September 7, 2010 at 4:57 am

What the lawyers are telling you is true — you have a very bad case to deal with. Protect your assets any way you can, and be prepared to go bankrupt due to this. The worst thing anyone can do is leave the scene of an accident without trading insurance, and the accident should be reported to your insurance company regardless of if a police report is filed or not. Since you didn’t do this, and evidently the other party in the accident did, you are going to have to deal with this as best as possible.

Vick September 7, 2010 at 4:57 am

Good Luck for You! ;(

○•○•Cassie•○•○ September 7, 2010 at 4:57 am

Well if it was an injury that resulted from the car accident he would have been seeing a Dr. for the last 2 years or so. He also would have been going after you to pay those Dr. bills. If a medical professional hasn’t stated that his injuries are a direct result of that "particular" accident then he has nothing to stand on. If there was no report he doesn’t even have a single bit of proof there even was an accident. Any lawyer worth a darn would be able to get you out of that no problem. Then counter sue for the cost of your lawyer. Find a specific accident attorney and some will work and just collect any money awarded after the case (counter suit). So sorry, this guy sounds like a real jerk who is fishing for cash. Let it be a lesson though to report all accidents no matter how minor to your insurance company.

wizjp September 7, 2010 at 4:57 am

Start with the state insurance comission. See if they have a legitimate grounds under which (a) to sue and (b) if your company has the right to refuse to defend due to lack of a police report (some do).

Pancakes September 7, 2010 at 4:57 am

I don’t get it. If neither one of you reported it, what proof of an accident is there?
Also, I guarantee there are at least 10 pages of lawyers in your yellow pages. Find one and claim you don’t recall any accident with this person.

regerugged September 7, 2010 at 4:57 am

If your insurance company refused to provide coverage, you should contact the insurance commissioner in the state where you reside and file a complaint.
At the time of the accident, no one was making a claim so there was nothing to report. There was no damage, and the claimant was not injured, so there was nothing to report. Don’t let the insurance company walk away from this. Claims can only be reported when they are made.

Joe W September 7, 2010 at 4:57 am

If neither party reported the supposed accident and there were no witnesses, who is to say that it ever took place?
I’d be damned angry that this other cookie is trying to extort money out of you for something which never happened.
Answer the summons and complaint yourself saying, honestly of course, that you don’t know what this guy is talking about.
Let him prove that there was an accident in the first place.
Of course, if he has witnesses or pictures then you might rethink your defense..
In that case answer the summons with your equally honest answer that the matter was so insignficant and since there was no damage and no injuries that the other guy said that he didn’t want to report it because his insurance premiums might go up.
You took his word, you agreed that there was no damage, and you both agreed to let the matter go.
You might make him understand that your insurance company does not intend to pay in this instance and that you have no assets.
In that case, even if he wins he will have to pay his lawyer out of his own pocket and get nothing, from you, in return.
No lawyer will handle such a case without a good chance of getting paid.

Nun Y September 7, 2010 at 4:57 am

send their lawyer a letter demanding medical records…then claim the same injuries…..

Lisa Z September 7, 2010 at 4:57 am

First off, the time period to sue varies from state to state. For example in MD and DC its three years from the date of the accident. Since you failed to report the accident the insurance company has every right to deny coverage. If they get a judgment against you the only thing they can do since you don’t have real property is get a garnishment order against you. That means they would take money out of your paycheck each month until its paid off. It would also show up on your credit report as a judgment which would be a negative for you.

You are stuck here. Since this is probably not a huge amount of money, see if you can negotiate with the other attorney to pay something. They would rather get something from you knowing that you are uninsured then chase you around for the rest of your life trying to collect their money.

Good luck and you need to report every accident no matter how minor it is to the insurance company. You would not believe the things money hungry people sue for!

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