What to do about a case arising from an accident that that I had several years ago in which I was drinking?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about a case arising from an accident that that I had several years ago in which I was drinking?

I hit another car and the driver of that vehicle sustained very minor injuries. My criminal case has been over for quite some time and now this is coming back. I was told that approximately 90% of cases get settled out of court but now I am getting notified that I may have to go to court. What are the chances this still will be settled through insurance without going to court?

Asked on February 18, 2013 under Accident Law, New York

Answers:

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

Answered 8 years ago | Contributor

It is correct that many auto accident injury cases are settled with the at-fault driver's insurance company.  The property damage was probably settled long ago as that is usually settled early in the case.  The personal injury claim is separate from the property damage.  Settlement negotiations are probably underway between your insurance carrier and the other party.  If a lawsuit was filed, it is probably because the statute of limitations is approaching and the lawsuit must be filed prior to the expiration of the applicable statute of limitations; otherwise, the other driver will lose his/her rights forever in the matter.

The settlement will include compensation for the medical bills, compensation for pain and suffering, and if applicable, compensation for wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If a lawsuit has been filed, when you are served with the summons and complaint (the complaint is the lawsuit attached to the summons), refer the matter to the auto insurance company you had at the time of the accident.  That insurance company will handle the matter for you and will provide you with an attorney at no cost to you.  Even if litigation proceeds, the case may settle before going through all phases of litigation and before getting to the point of a trial.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption