What should I do if I am being sued for injuries that a person ina car I hit is now suing me?

I was in an auto accident occurred 02/09 now driver claiming injuries. I rear-ended a car and then a car rear ended me. Driver that I hit is now claiming injuries, even though when it happened I asked if he was OK. He then left. I got a call from my insurance today saying the 2 companies cannot agree on a settlement amount and to be on the lookout for papers for being sued. What do I do?

Asked on September 22, 2010 under Accident Law, Oregon


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you are served with the summons and complaint, just give those documents to your insurance company.  The complaint is the lawsuit.  Your insurance carrier will handle the lawsuit and will provide you with an attorney at no charge.

Occasionally, when there is an auto accident, the injuries may not show up until sometime after the accident.  Since the insurance companies cannot agree on a settlement, the next step is filing a a lawsuit against you for negligence for rear-ending the vehicle ahead of you.  Since the case is at this point, it means that the other driver was released from his medical treatment by the doctor and a claim based on the medical bills and supporting medical reports was submitted to your insurance company.  The claim would have included a demand for compensation for the medical bills, compensation for pain and suffering, and if applicable any wage loss.  Compensation for the medical bills and wage loss is straight reimbursement and would probably not be the issue in dispute.  The issue in dispute is probably the amount of compensation for pain and suffering, which is an amount in addition to the medical bills.   If the parties can't agree on a settlement figure and/or if the statute of limitations is approaching, the lawsuit is filed.  If the statute of limitations expires without a lawsuit having been filed, the other driver will lose his rights forever in the matter.  

Your insurance company will handle the lawsuit.  Don't worry about it.

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