I am being sued in a subrogation case, what can I do?

I was involved in a car accident in January 2016 Massachusetts that was determined 80 my fault. The other driver was cited for speeding, but I was taking a left hand turn, so I was found responsible for the accident as far as the insurance claim. I received a law suit in the mail from the other driver’s insurance company almost three years later just shy of the statue of limitations. My insurance company said they have paid out their limits. There is a signed agreement from a payout that the insurer received, releasing me of any further law suits, yet my insurer says I can still be taken to court and that they cannot help me. I have 20 days to respond, and am looking for advice. I have not had any luck in securing a personal lawyer as they all are saying they represent Plaintiffs or insurers only. Where should I be focusing my efforts in finding attorney in this law suit defense as well as a possible bad faith claim?

Asked on December 18, 2018 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The release you describe only applies to the parties who signed it and who are named in the agreement as releasing you, so if the release was only from the other driver, it would not bind or be enforceable against his insurer. If you were 20% at fault, the other insurer could seek 20% of any amounts they paid out to their own insured from you, since the law allows an insurer to recover money paid by them to their insured from an at-fault driver, to the extent that driver was in fact at fault.


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