So I'm being sued..

[Slava]

What you want to do is contact your insurance company. There is a provision in your auto policy that states that you appoint them as irrevocable attorney once you put them on notice.

The other party has to name you in the action against the driver that hit them (basically) to preserve their right of action against that back vehicle. Your insurance company will handle this though; they will appoint a lawyer (if one is even needed) and it won't cost you anything unless you are found negligent. They will get a discontinuance of action though and take care of everything in the meantime.

The statute of limitations on these is two years. Its two years to file and then another year to serve you the papers.

[Ozy_Flame]

Haha...Reminds me of my situation....I love tapped someone slightly last October at about 5 km/h...No damage, the guy was fine...Next thing I know he's claiming injury and all that bullcrap, and my insurance rating went down from 6 to 5.

The funny thing was, my premiums went DOWN by about $10 per month. Not sure how that worked, but I'm not complaining!

[Locke]

Originally Posted by Ozy_Flame

Haha...Reminds me of my situation....I love tapped someone slightly last October at about 5 km/h...No damage, the guy was fine...Next thing I know he's claiming injury and all that bullcrap, and my insurance rating went down from 6 to 5.

The funny thing was, my premiums went DOWN by about $10 per month. Not sure how that worked, but I'm not complaining!

Maybe the adjusters association really hates that ######bag and rewarded you for injuring him.

[Ozy_Flame]

Originally Posted by Locke

Maybe the adjusters association really hates that ######bag and rewarded you for injuring him.

When I had to fill out a statement, the investigating cop was LIVID that he was making a claim. I think the insurance company talked to the police, and since there was no visible damage, what might have happened was they did bring me down on the insurance rating, but didn't adjust my premiums given this guy was making a phony claim, which in all likelihood it was.

[tvp2003]

Originally Posted by burnin_vernon

My "Particulars of negligence":
a - Failing to keep a proper or any lookout
b - driving the vehicle at excessive speed
c -driving the vehicle without any or defective brakes, or failing to apply brakes
d -failing to keep vehicle under control
e -failing to take reasonable precaution to avoid collision
f -failing to stop, slow down, turn or in any other to manage to control the vehicle to avoid collision
g - failing to ensure the vehicle was mechanically sound
h- driving without due care
a- stopping or suddenly decreasing my speed without giving appropriate signal.

This is standard legal boilerplate stuff that you'll see in most car accident claims. So don't take it personally -- the lawyer is just covering all his/her bases.

[mykalberta]

As indicated, contact your insurance company, they are responsible for it since they are the ones paying out the claims.

My buddy had the exact same situation happen to him, basically its to cover thier ass in case it goes to court and the judge says somehow you were in the wrong, it then allows them to sue you for damages.

[zukes]

Originally Posted by flylock shox

I'm going to take a guess and say you're just one of the parties this feller is claiming against. In all likelihood, the thrust of the claim is against the guy who rear ended him, and you're named as a party to the lawsuit due to the fact you were involved in the crash. Basically, I think that naming you as a defendant in the suit stems only from the fact you were involved in the accident, rather than any actual fault on your part.

I would have thought this would be handled by your insurance company though.

With respect to the forms, typically you should file original copies with the court. This does not mean, however, that you have to deliver them in person. It might be prudent to send them by courier though - so you can confirm they were received. I would call the registry in question and ask.

I work in insurance, in most lawsuits, anybody who is a party to anybody involved is mentioned. BC is government insurance so it's different than here, but each driver, broker and company would be listed in the suit. I would talk to your insurance company first, they shoudl be able to take care of it. Failing that, talk to a lawyer.

[IntenseFan]

Originally Posted by RougeUnderoos

I am not a lawyer, but my legal advice is that you don't trust our advice on this here internet forum.

Post of the year.

[GoinAllTheWay]

Those forms the lawyers send is pretty much the reason why I hate them so much. They make it sound you are incapable of being a human, let alone able to drive a car. Send it to your insurer, they WILL take care of it.