What are my rights if I was recently in an accident involving an illegal immigrant who is now suing me?

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What are my rights if I was recently in an accident involving an illegal immigrant who is now suing me?

I found the papers stating that I’m being sued in my front yard on the grass; they were apparently just thrown there. My insurance already paid him the money for his car but now he is asking for more on top of that. What should I do?

Asked on June 8, 2015 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Contact your insurer--they should deal with this for you (but stay on top of them/monitor them, to make sure they do). It may be, depending on the wording of the settlement with him over the car damage, that he is already precluded from suing you for anything else (that payment may have settled all claims). Even if that's not the case, if you have liability insurance, your insurer should defend and, if necessary, pay any settlement or judgment). And if your insurer doesn't know that he's  an illegal immigrant, make sure they know--that may affect their actions. Be sure to tell them that you were NOT properly served, but just had the papers lobbed on your lawn--lack of proper service may lead to dismissal of the case.


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