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  1. #1
    Join Date
    Apr 2008
    Posts
    21

    Default Car Accident Injury Lawsuit Against a Driver With Inadequate Insurance

    My question involves an injury that occurred in the state of: NJ 1 year ago
    I am a resident of TN and just today have been served with papers about injuries suit to Superior Court of NJ. I don't know if my liability limit (25k) will cover lady's expenses/expectations that she is claiming.
    Accident was minor rear bumper dents and she said she was fine to me and to police officer. But I don't know what's on their mind so I would like to take steps to protect my assets (my car that is paid for - that's all I have - we are a family of 4).
    1. So my question is - do I need an attorney in TN where I reside or in NJ where the court takes place?

    The attorney of the lady contacted me directly with letter requesting me to put him in contact with my insurance company, which i did - this happened 6 months ago.
    2. Now, that I'm being served with official Summons and Complaint papers - does that mean that they just didn't work it out with insurance one on one and are going through court? I this does not mean that they are done with insurance and now are going after me..?
    So right now all I'm required to do is to contact my insurance company about the papers I received so that they work on them with their own attorney, right?

    Also, I received few letters from my insurance company 6 months ago that they are happily handling my claim and everything will be alright.
    3. Does that mean that they were working only on car damage claims at that point? Please tell me that standard way for insurance to start working on injury claims - is to get a letter from me about complaint and summons?

    Thank you
    P.S. In complaint letter they described the accident as brutal reckless hit but it wasn't, and they say that she had many external and internal injuries and nervous system damage and is having a lot of expenses on doctors and medications. Are they just exaggerating to get higher settlement?
    4. Will insurance attorney be able to dismiss such an outrageous lie about external injuries? Thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Car Accident in Nj, I Live in Tn, Where I Need Attorney to Protect My Assets

    The insurance company will usually investigate accidents for which there is a disparity between damage to the vehicle and personal injuries claimed. They will look at the medical bills. You need to wait for their response.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Car Accident Injury Lawsuit Against a Driver With Inadequate Insurance

    1. So my question is - do I need an attorney in TN where I reside or in NJ where the court takes place?

    you need to contact your insurance company. They are required to defend you, at least up to the limits of your policy. If the claim is for more than your policy, your insurance company will likely suggest you retain counsel to defend your possible liabilities for a claim beyond your policy limits.

    2. Now, that I'm being served with official Summons and Complaint papers - does that mean that they just didn't work it out with insurance one on one and are going through court?
    probably. Sometimes suit is filed to preserve a statute of limitations limit but bottom line: if they filed suit, it isn't settled.

    3. Does that mean that they were working only on car damage claims at that point? Please tell me that standard way for insurance to start working on injury claims - is to get a letter from me about complaint and summons?
    see #1

    4. Will insurance attorney be able to dismiss such an outrageous lie about external injuries? Thank you
    are you a doctor? do you know for a fact they were not injured? There could be injuries not known at the time. Of course, these could be a false claim as well. That is why we have courts.

  4. #4
    Join Date
    Apr 2008
    Posts
    21

    Default Re: Car Accident Injury Lawsuit Against a Driver With Inadequate Insurance

    Thank you jk, that helps to understand it all better.

    I'm required to respond in 35 days after the service of papers, so this means the clock started ticking from the day I received them or the date the summons and complaint where signed on?

    Thank you again

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Car Accident Injury Lawsuit Against a Driver With Inadequate Insurance

    it should be from receipt since there is no guarantee when service would be made. You need to call your insurance company first thing tomorrow if you haven't already.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Car Accident Injury Lawsuit Against a Driver With Inadequate Insurance

    Quote Quoting nichka
    View Post
    Thank you jk, that helps to understand it all better.

    I'm required to respond in 35 days after the service of papers, so this means the clock started ticking from the day I received them or the date the summons and complaint where signed on?

    Thank you again
    the date you got them ... you need to file an appearance (lawyer in the state -- could be your insurance company) and a response or a request for an extension of time to respond to the complaint. Responses to the complaint can include several different filings.

    You should read the complaint (make a copy) and contact your insurance company. You can hire a lawyer too or at least find one in case you need one; after all the insurance company's lawyer works for the insurance company & not directly for you.

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