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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Being Sued Two Years After An Accident

    Illinois- I am being sued exactly, to the month, 2 years after I rear-ended a woman's car. I received no ticket and officer said I was not at fault. The woman hit a deer with her car and I was behind and hit her car. She is now sueing for $50k for time lost at work, and hospital bills. Her parents told me when they saw me afer the accident days later that she was fine and didn't need any medical attention. I was insured at the time of accident. Am I protected under any Illinois law?

  2. #2
    Join Date
    May 2007
    Location
    Philadelphia, PA
    Posts
    75

    Default Re: Being Sued 2 Years After Accident

    You should notify your insurance company immediately that you have been served with a Complaint. They should hire an attorney to defend you in the lawsuit.

  3. #3
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Being Sued 2 Years After Accident

    Quote Quoting Emmyk02
    View Post
    Illinois- I am being sued exactly, to the month, 2 years after I rear-ended a woman's car. I received no ticket and officer said I was not at fault. The woman hit a deer with her car and I was behind and hit her car. She is now sueing for $50k for time lost at work, and hospital bills. Her parents told me when they saw me afer the accident days later that she was fine and didn't need any medical attention. I was insured at the time of accident. Am I protected under any Illinois law?
    I'm not sure about all the laws in illinois but i'm pretty familiar with the insurance aspect in general.

    What are your personal liability limits?

    Also when the accident was filed, was it a collision claim against you AND the animal?

    or a comprehensive claim against the deer?


    Most states (texas for example) have the "auto at fault" if you hit someone from behind. But you aren't the responsible party, the direct cause of the loss was the deer. Unless i'm mistaken, she has no lawsuit in relations to teh insurance aspect.

    What insurance company are you with and have yuo talked to your agent?

  4. #4
    Join Date
    Jul 2006
    Location
    Burbank, CA
    Posts
    31

    Default Re: Being Sued 2 Years After Accident

    You do have some negligence on your part for hitting her car. You were following too closely. If you had maintained a proper distance, her sudden stop after hitting the deer would not have resulted in you hitting her car.

    The main issue has to be if she was injured when she hit the deer or from your impact or from both.

  5. #5
    Join Date
    Feb 2008
    Posts
    575

    Default Re: Being Sued 2 Years After Accident

    Could be that she's just filing the suit as the 2 year statute of limitations on bringing a personal injury suit is expiring and she's hoping to get whatever she can from your insurance company so that they don't have to litigate it. Not that that would ever happen...

    As others have said, contact the insurance carrier that insured your car on the accident date. This is far more common than a lot of (honest) people realize.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Being Sued 2 Years After Accident

    Agree. Notify your ins. co. that you are being sued. They will defend you in court up to your policy limits.
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