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  1. #1
    Join Date
    Jul 2009
    Posts
    12

    Question I Think I Am Going to Get Sued

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

    What is the statute of limitation of being sued?

    And if the insurance company already decided and paid for a person car can I be sued still? <- past accident

    Also generally how long does it take to be sued. I got in accident with my Mom's car and our family has a combined income of $150,000 and we own a house valued at $1.3 million. The car I crashed was a Audi Q7and I was cited, but only found 50% at fault and am fighting the traffic ticket. We don't own any boats or summer homes, etc and I am in college so are family is somewhat stretched financially when compared with the past.

    Can they take our house and car? I am scarred? I bet the person I hit is going to sue me because they must think we are rich.

    I don't car about my past rear end accident as the car and insurance policy was in my name and even though it was a BMW (repairable) I have $500 in my bank no joke. So I am not worth suing lol, but I am worried with our current accident as it was in my mom's name.

    I also don't mean to sound spoiled I am worried and I told my parents to hire a law in case we get sued, but they said they get one when the times come (hence if we are sued). what should we do!

    thanks

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: From Reading This Website I Think I Am Going to Get Sued I Am Very Worried

    First, I assume you have insurance as you indicated. If you are sued, your auto insurance company is responsible for hiring and paying for an attorney to represent you and also look out for the interests of the insurance company. There will be discovery and you'll find out exactly what the claims are and what supports them. The insurance company might offer a settlement to the plaintiff, or might not. If it goes to trial and a judgment is found against you, the insurance company will pay it up to the limits of the policy. If it is more than the policy you/the policy holder will be responsible for the amount over the policy.

    I do not know MA law on collections, that you can research easily enough. Someone else here might also answer. Here in Florida the homesteaded house and one car is exempt from execution, but most states are not as nice about it.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Think I Am Going to Get Sued

    Quote Quoting CRJ
    View Post
    What is the statute of limitation of being sued?
    Generally speaking three years.
    Quote Quoting CRJ
    View Post
    And if the insurance company already decided and paid for a person car can I be sued still? <- past accident
    You mean for the injuries you caused to their person? That's very often settled separately from the damage to their car. How badly were they injured?
    Quote Quoting CRJ
    View Post
    Also generally how long does it take to be sued.
    There's no standard schedule.

  4. #4
    Join Date
    Jul 2009
    Posts
    12

    Default Re: I Think I Am Going to Get Sued

    Quote Quoting Mr. Knowitall
    View Post
    Generally speaking three years.

    You mean for the injuries you caused to their person? That's very often settled separately from the damage to their car. How badly were they injured?

    There's no standard schedule.
    I have no idea; I have not heard from her or has my insurance company. He was able to talk to the police officer and her injury on the accident report was listed as "possible" she did go to the hospital. If anything he seemed more angry about the accident and I didn't talk to her she just sat in her car and flashed her lights when the cops came. Her car ended up parallel to the guard rail.

    thanks for your help and please continue to respond.

  5. #5
    Join Date
    Mar 2009
    Posts
    27

    Default Re: I Think I Am Going to Get Sued

    I think your parents are correct. You have to wait & see if the other party maybe had injuries or significant medical bills as a result of the accident, which they will want to recover.
    Depending on how badly they were hurt though, for bodily injury claims (aside from the car damage) if your mother had insurance for say "100k" minimum of bodily injury liability insurance- your mother's insurance co. would pay that much without any more $$ (or assets) being involved.

    So, if you think their injuries will exceed your mother's policy limits- that's when it's a big concern.

    From what you describe happened to that person- it doesn't sound like she was seriously hurt to recover from your mother's insurance co anywhere near exceeding a believable amount by me of your mother's policy limits.

  6. #6
    Join Date
    Mar 2009
    Posts
    15

    Default Re: I Think I Am Going to Get Sued

    Quote Quoting rymfire3
    View Post
    I
    So, if you think their injuries will exceed your mother's policy limits- that's when it's a big concern.

    From what you describe happened to that person- it doesn't sound like she was seriously hurt to recover from your mother's insurance co anywhere near exceeding a believable amount by me of your mother's policy limits.
    If the other party has injuries that may exceed your policy limit, they also may have Uninsured/Underinsured coverage. In such a case they may demand your policy limit (say $100K) in consideration for a full release to you and then file under their own UIM policy for coverage of injury related expenses over the $100K. The UIM Company must waive subrogation for this scenario to take place. This is usually the case.

    Since your family has property valued over $1.3M I would hope that your folks bought auto liability coverage sufficient to protect the assets. Or they may have an umbrella policy. In any event, the insurance company will provide and pay for an attorney to defend you (it is their money at risk here and the contract provides for this).

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: I Think I Am Going to Get Sued

    Your ins. co. will defend you up to your policy limits.

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