What to do if your are sued for an auto injury?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if your are sued for an auto injury?
My brother had an accident about 6 months back. While he was making a left turn (the signal was green) he hit a biker who was crossing the street that my brother was making his turn onto. The police arrived and did not issue any ticket to my brother, however they wrote a ticket to the biker who had some head injury and was taken to the hospital (he was discharged after a few days). Now, the biker has hired a lawyer and asked for a claim of $167,000. What are my brother’s rights? He was not at fault? What would be the most sensible thing to do? Should he speak with a personal injury defense attorney? In Sacramento, CA.
Asked on September 7, 2010 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If he has liability insurance, he should tell the insurer IMMEDIATELY if he hasn't already: his insurer will have a duty to defend him, at least up to the value of the policy, but a failure to notify them of any claims or suits in a prompt fashion will often result in a denial of coverage.
If he has insurance per the above, the insurer should provide a lawyer; otherwise, your brother should consult with one immediately. It might be possible to show that he (your brother) was not at fault; it may be possible to show that the injuries are far less severe (and therefore worth less) than the plaintiff claims; but if your brother does nothing, he'll lose by default. Any lawsuit for $167k must be taken seriously.
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.