What to do if I was rear-ended by an uninsured driver over a year ago and a couple of month ago I received a complaint stating that the passenger was suing me?

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What to do if I was rear-ended by an uninsured driver over a year ago and a couple of month ago I received a complaint stating that the passenger was suing me?

I sent the complaint to my insurance carrier but still not sure if I should get my own attorney. Any suggestions?

Asked on November 4, 2013 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your insurer should defend and/or indemnify (i.e. pay for any judgment or settlement against you) up to the limits of your liability policy. If the claim is for less than your liability insurance, your insurer should handle this for you, though you should stay on top of them/in close communication to make sure they are handling it and that the matter has not "dropped in the cracks" (your insurer is, presumably, a large company with a large beauracracy--things get lost, and you need to be your own advocate to make sure  that does not happen.) If the claim is for more than your policy limits, then you may very well need your own attorney, since your insurer is only responsible for you up to the policy limits.


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