I was in an accident in june 2008 and my case sitll open how long it takes to be close?

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I was in an accident in june 2008 and my case sitll open how long it takes to be close?

I saw the car when it stoped but when I brake was too late and my leg was shaking too much so did not brake complete police said i was too close. The insurance said that my police 25,50,25 and that it is possible to serve with a Summons and Complaint what can I do? Do I have any defense?

Asked on April 18, 2009 under Accident Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's hard to understand the story but I gather you rear-ended someone and did some damage. The police thought you were at fault for travelling too close to stop at the rate of speed you were travelling at.

If as I assume you had liability insurance your company will defend you and pay any claim up to the coverage limit of the policy you bought. That's the problem. It seems as if you have a low policy limit.

If the damages are clearly high -- property damage to the car of the driver in front and personal injury to the driver and/or his passengers -- and the policy limit is low, the company often offers to throw in the policy limits and get a release for you. That would end the problem.

If the damages are high enough, and the injured people's lawyers or insurance company thinks you have enough assets to make going after you worthwhile, they will reject the policy limits and take their chances before a jury and then hope the get a large verdict and can find your assets and attach them and recover more than the insurance.

Is there any defense? Perhaps the brakes were not properly designed or repaired so you might ring in the manufacturer or repair shop. Perhaps the driver ahead just stopped short (which is not a full defense but may show negligence on his part, thereby reducing his recovery).

Ask a local lawyer, and the insurance company will provide one when you are sued.


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