If you’re in a car accident and your insurer takes care of damages and pain and suffering, can you be held personally liable at any point?

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If you’re in a car accident and your insurer takes care of damages and pain and suffering, can you be held personally liable at any point?

I was in an accident and my insurance company took care of all expenses and damages. Now, 3 years later I have been issued a civil summons for damages. The personal injuries were minor and thought things were taken care of. I’m confused with what responsibilities I may still be responsible? Can you help me understand the legalities?

Asked on July 30, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all likelihood the car accident you were in where the insurance company took care of the damages you incurred such as medical expenses and repairs to your car were paid directly to you under your own insurance company under premiums that you paid for.

The summons and comlaint that you received recently most likely is a lawsuit against you by one of your passenges, a passenger in the other vehicle involved in the accident or by the other driver.

You should immediately advise your insurance company of this lawsuit and request that it defend and indemnify you regarding it. You should consult with an attorney about this lawsuit immediately so that your interests are protected.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all likelihood the car accident you were in where the insurance company took care of the damages you incurred such as medical expenses and repairs to your car were paid directly to you under your own insurance company under premiums that you paid for.

The summons and comlaint that you received recently most likely is a lawsuit against you by one of your passenges, a passenger in the other vehicle involved in the accident or by the other driver.

You should immediately advise your insurance company of this lawsuit and request that it defend and indemnify you regarding it. You should consult with an attorney about this lawsuit immediately so that your interests are protected.


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.

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