What happens ifIwas in an accident and the injured party took a settlement from my insurance company but now a year later andI am being sued?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens ifIwas in an accident and the injured party took a settlement from my insurance company but now a year later andI am being sued?
I was involved in an accident and the other person had a minor injury. They received a settlement from my insurer but I am now being sued for 1M in damages. I am currently a college student with absolutely no assets and no income. Would I be required to pay this back for the rest of my life?
Asked on January 24, 2012 under Accident Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In order to receive the settlement, the injured party had to sign a release. By signing the release, the injured party gave up his/her claim against you. That party cannot subsequently file a lawsuit against you. If the settlement was just property damage to the vehicle, the injured party could still file a lawsuit against you for the injuries which would include the medical bills, pain and suffering and documentation of wage loss.
It would be advisable to contact the auto insurance company you had at the time of the accident. That auto insurance company will provide you with an attorney at no cost to you. The attorney will respond to the complaint (lawsuit attached to the summons with which you were served) and the answer to the complaint will state that the lawsuit is barred because the opposing party signed a release and received a settlement. You won't be paying that amount that is claimed in the lawsuit because the lawsuit is barred and the party cannot sue again on the same claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.