Car Insurance Question - Getting Sued?

[photon]

I know someone who just got served, apparently a car accident they were involved in (were the 4th car in a 5 car pileup) the first person decided to sue everyone for damages and injuries and stuff.

I had never encountered that before. Is that the kind of thing that the insurance companies cover with the liability insurance? What's their best course of action? Contact the insurance company? Will the insurance company provide legal counsel to represent them?

I kind of assume that the insurance company will represent them because it's the insurance company's money that's at risk.

Anyone have any experience in this? Just wondering what to expect...

[Eddie Bronze]

I'm not sure when it comes to all the legal parts to it, but I was in an accident that sounds similar. There was actually six cars in the accident I was in, all ended up pushed against one another. The car at the very back sped off. I was actually stopped and the force of three cars behind me pushed me into the car in front of me. But, that's not the way the cops wrote it up. They said in instances like this there is a precedent set and it's considered a chain reaction accident in which everyone assumes 50/50 responsibility. If you're at the front or the back of the chain, and only had damage to the front or back, you're still considered 50% responsible because in their estimation, you either stopped too fast if you're in the front or didn't give enough distance in front of yourself if you were at the end.

I would think something like that would have to effect a lawsuit because I'm sure that's how the police report will get written up. I know the guy who was in front of me filed a lawsuit but I never ended up going to court or really hearing any details about it at all. The impression I got from everyone I talked to who was involved in it was that it sounded like it would get thrown out.

[BlackArcher101]

Interesting situation. When I was sued for damages, I was never served and everything was handled by my insurance company. The only thing I had to do was give my side of the story, then they went through the settlement process themselves on my behalf. But again, I wasn't served, so this sounds like it might be on a personal level....

[photon]

Yeah, my dad said it looked like they were naming all the people individually. I didn't think to ask if the insurance companies were named as well. Kind of wierd, if you are going to sue someone, you sue someone with money (insurance companies). Unless you think that maybe one of these people will just settle instead of go through the hassle.

He was also concerned because it said he had to respond in 15 days, but the court document was dated June sometime. I said it probably meant 15 days from being served, but it didn't say that.

This was like 2 and a half years ago that this happened. I'll be curious to see what the insurance company says.

[ericschand]

Originally Posted by Eddie Bronze

....you either stopped too fast if you're in the front or didn't give enough distance in front of yourself if you were at the end.

The part about being on the end makes sense.

How do you "stop too fast", isn't that why others should give you
a "enough distance"?

The two contradict each other.

ers

[ken0042]

When I was in a six figure law suit (defendant) I was served personally as well. I called up the insurance company, and other than testifying I never heard about it again.

[Cowboy]

Hello Gentleman,

I am in a rush but I will give you a quick rundown, In the SPF 1 (Insurance wording, that everyone in ALberta abides by) it states that the insurance company is obligated to defend you in a law suit, generally people do not hear about it as many times the insurance companies pay out and move on. A $25000 loss does not affect your insurance any more than $1000 loss, if they are both at fault. This is the first I have heard that the person at the front is 50% responsible, but I am not a claims guy. So Photon, let the insurance company know you have been sued, they probably know already through the claims agreement most companies subscribe to. If these are soft tissue injuries and the guy is just trying to squeeze some money out of you then he won't get much because of the Auto Reform.

[photon]

Cool, I'll let them know (it wasn't me that's getting sued, the only accident I've ever been in was when I clipped a telephone pole with my dad's van when I first learned to drive . Low speed and not much damage, but I was sure my life was over. )

[fredr123]

There's always the option of contacting a lawyer willing to provide a free consultation. Some lawyers still do that, I think...

[troutman]

PM me, and I can put your friend in touch with my partner that specializes in this.