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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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.
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.