Results 1 to 9 of 9
  1. #1
    Join Date
    Sep 2015
    Posts
    4

    Default Lawsuit for Serious Injuries Caused by a Car Accident

    My question involves an injury that occurred in the state of: VA.

    I was in an accident on Sept. 16, 2013 and rec'd a letter from an attorney postmarked Sept. 14, 2015 stating that the person that hit me (I ran a red light by accident) is filing a judgment against me on the grounds that he (the driver that hit me) sustained serious bodily injuries, has suffered and will continue to suffer great pain of body and mind, has incurred hospital, doctors' and related bills in an effort to be cured of said injuries, and will incur in the future hospital, doctors', and related bulls in an effort to be cured of said injuries. I have been separated from my husband for 3 years now and have NOTHING.

    I have MS and am getting SS disability for that. That is the only income I have. My husband and I are still legally married but have not lived together in almost 3 years. We have property that is in both of our names. The judgment is for $25,000. What should I do? I am just sick to my stomach. I was admitted to hospital and stayed for 3 days. The doctor thought I had passed out because my heart rate was at 30 and stayed at 30 for a while, but also had broken ribs and wrist, but doctor kept me to see what was going on with my heart. My insurance company said the car was not covered when I called them from hospital room.

    When I purchased the car I had to have it financed and did so at the car dealer. They had record of when they called, whom they spoke to, ALL the details of my insurance but the insurance company made an error and failed to add it to my insurance. They said since I had had the car for 3 years and didn't notice that car was not on policy they couldn't make it right..it was my fault too for not realizing the car was not on policy. At the time I was still with husband and when bill came in just paid and didn't look at details. We have had insurance with this company for 35 yrs. so just knew it was covered. Agent admitted to making a mistake and also made another mistake about homeowners insurance that was caught after wreck.

    Anyway, I am scared to death...what should I do? The letter from this attorney was postmarked 2 days before the statue of limitations ran out...so thought was over with. I didn't receive it until after the statue had run out. The letter was not sent to me certified or return receipt...it wasn't even sealed except with a small piece of take to back. Please, I need advice...thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    You can consult a lawyer about whether you have any recourse against your insurance company or agent. However, if you failed to notice over three years that you never paid a penny in premiums for the car, you never received proof of insurance for the car, and your car was never listed on any declarations sheet, it's going to be tough.

    If this letter was the service of a civil lawsuit, then you will need to answer the lawsuit to avoid default. A defense firm is going to charge a lot of money to represent you in the defense of the lawsuit -- hence the importance of insurance. You also have the option of consulting a bankruptcy lawyer as, despite the impact on your credit, your liability from the accident is almost certainly dischargeable in bankruptcy.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    Quote Quoting ddavis1490
    View Post
    it was my fault too for not realizing the car was not on policy.
    You got that right.

    Before you get into any car you make damned sure your insurance is up to date and never rely on anybody else to do it for you.

  4. #4
    Join Date
    Sep 2015
    Posts
    4

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    Would any of this impact my estranged husband? Could they possibly come after him if we hadn't been together in so long? I don't want them to take anything away from him. The insurance company offered me $7,000+ a little more if I signed a waiver saying that was the end of it, I didn't get the letter until the day the insurance company's attorney called me. I was a basketcase and didn't know what to do, so I told him I couldn't sign the waiver and he said well the check is void then and I wouldn't get anymore offers. I was coming back from a phone call from my brother's wife..she was going to commit suicide and had called and asked me to come over knowing I would be there for her daughter when she found out. We stopped her from killing herself, but she did so that following Thursday. I was a nervous wreck after leaving their house and then is when the accident occurred. I know that doesn't mean anything in a court of law. But, it is disheartening to know you were trying to do something good for someone and you have this to happen. How could I file bankruptcy with this???

    - - - Updated - - -

    I know that now..lesson learned.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    Your post is not clear. You don't seem to distinguish between a lawsuit, a judgment and a demand letter, and it's not clear what we're talking about. Your situation is different if (a) you've already been sued, lost, and had a judgment entered; (b) you've just now been sued; or (c) the insurance company is demanding money but has not actually sued you.
    Quote Quoting ddavis1490
    View Post
    The insurance company offered me $7,000+ a little more if I signed a waiver saying that was the end of it, I didn't get the letter until the day the insurance company's attorney called me.
    By that, do you mean that the insurance company is asking you for $7,000 as a full settlement?

  6. #6
    Join Date
    Oct 2006
    Posts
    15,744

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    Quote Quoting ddavis1490
    View Post
    Would any of this impact my estranged husband? Could they possibly come after him if we hadn't been together in so long? I don't want them to take anything away from him. The insurance company offered me $7,000+ a little more if I signed a waiver saying that was the end of it, I didn't get the letter until the day the insurance company's attorney called me. I was a basketcase and didn't know what to do, so I told him I couldn't sign the waiver and he said well the check is void then and I wouldn't get anymore offers. I was coming back from a phone call from my brother's wife..she was going to commit suicide and had called and asked me to come over knowing I would be there for her daughter when she found out. We stopped her from killing herself, but she did so that following Thursday. I was a nervous wreck after leaving their house and then is when the accident occurred. I know that doesn't mean anything in a court of law. But, it is disheartening to know you were trying to do something good for someone and you have this to happen. How could I file bankruptcy with this???

    - - - Updated - - -

    I know that now..lesson learned.
    Yes, this can and will effect your estranged husband. Any property that you jointly own can have a lien placed against it or be levied for any judgment against you. Otherwise, you are basically judgment proof because you are disabled and living on SSDI/SSI which cannot be garnished.

    However, I am confused by something else that you said. Which insurance company offered you 7k?

  7. #7
    Join Date
    Sep 2015
    Posts
    4

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    The letter doesn't say anything about a civil lawsuit. It just states to appear in the General District Court for the City of Richmond..doesn't even have a case number. It says...The return hearing date is scheduled for Nov. 5, 2015 and time..WHEREFORE, Plaintiff demands judgment against Defendant, (my name) in the sum of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) plus costs and interest pursuant to Virginia Code Section 8.01-382, expended in this action.

    At the top of the letter is just says" COMPLAINT

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    So it's not just a letter -- you were served with a summons and complaint. You should speak with a lawyer first thing Monday morning.

  9. #9
    Join Date
    Sep 2015
    Posts
    4

    Default Re: Lawsuit for Serious Injuries Caused by a Car Accident

    Thanks for your advice. I appreciate it very much even tho it makes me sick still.....

    1. Sponsored Links
       

Similar Threads

  1. Traffic Accidents: Lawsuit Against an Uninsured Driver Who Caused an Accident
    By mistakeshappen11 in forum Accidents and Injuries
    Replies: 2
    Last Post: 08-25-2015, 03:31 PM
  2. Traffic Accidents: Why Can't a Passenger Sue a Driver for Injuries Caused by an Accident
    By enjen73 in forum Accidents and Injuries
    Replies: 17
    Last Post: 03-23-2015, 01:31 PM
  3. Premises Liability: Is a Business Liable for Injuries Caused by Another Customer
    By carrera1 in forum Accidents and Injuries
    Replies: 7
    Last Post: 02-01-2015, 02:46 PM
  4. Traffic Accidents: Possible Lawsuit for Injuries from a Minor Accident
    By move in forum Accidents and Injuries
    Replies: 5
    Last Post: 06-18-2013, 05:06 PM
  5. Traffic Accidents: How to Get Compensated for Injuries Caused By an Uninsured Driver
    By yiqiesuiyuanba12 in forum Accidents and Injuries
    Replies: 1
    Last Post: 08-24-2012, 06:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources