My question involves an injury that occurred in the country of: Canada
My wife and I currently reside in US as H-1B workers. We were visiting Canada in 2011 where we got into an accident. We were in the left lane on the highway, when a van from the right lane suddenly swerved in front of us a couple of meter or so away and braked hard. Even though we braked, the car couldn’t stop in time and ended up hitting the van. The front-right corner of our car hit the rear-left corner of the van. The person driving the car was a 16 year old, who had minor injuries and his father, who was a passenger, had some serious injuries. The police did not fault either me or the other driver. Now, the father and the province where the accident happened have filed a lawsuit against my husband in the Canadian court for the medical expenses, lost wages, stress etc.. The defendants are my husband who was the driver, the son, and the rental car agency. We have our permanent residency in Canada, but are currently residing in the US and are non-US citizens.
- Can we sue the father and the son in America?
- As we are permanent residents of Canada, can a province sue us for the cost of medical expenses on another party who was involved in the accident and was also a resident of the province?
- Why would the father want to sue his son? Are there any technical reasons for doing so?
- Can the son sue us when he turns to be of legal age?
- Is it advisable to hire an attorney to fight or should I leave it up to the insurance company’s attorneys?