What should I do if I was in an auto accident a few months ago and now I am being sued?

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What should I do if I was in an auto accident a few months ago and now I am being sued?

I was pulling out from a parking spot on the street and a car hit me. It was a minor accident. This accident was reported to my insurance company and the police. The driver of the other vehicle wanted to sue and my insurance company took over and later informed me that this case was dismissed. Now, months later, I received a letter that the driver is suing me personally for injuries she sustained.

Asked on August 5, 2014 under Accident Law, Florida

Answers:

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

Answered 7 years ago | Contributor

You should refer the lawsuit to your insurance company.  Your insurance company will provide you with an attorney to represent you at no cost to you.  The insurance company's attorney will handle the case for you.

If the entire case was dismissed with prejudice, then the other party cannot reinstate the case and file a lawsuit. 

If only the property damage claim in the case was dismissed, the personal injury cause of action (claim) can proceed.

If the case was dismissed without prejudice, the case can be reinstated and the lawsuit can proceed.


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