I’m need to know why the insurance company of the other person would be able to sue me while being sued by the victim of the accident for medical. If I find that each has sued me for the same thing how do I fight it or can I?

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I’m need to know why the insurance company of the other person would be able to sue me while being sued by the victim of the accident for medical. If I find that each has sued me for the same thing how do I fight it or can I?

I was in an accident 6 years ago. I got the ticket for being at fault. I was sued by both the other driver and her insurance company, separately. I lost by default the next year. The victim’s car was a rental and I paid the entire amount to the rental company. The court never informed me of the judgment. I just received a letter from the attorneys of the other driver’s insurance company stating that I owe $52,000. Can I request an itemized list for what I owe? If it is the same as the victim’s list of medical payments, would I have to pay her and them for medical bills?

Asked on October 12, 2016 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can be sued for the TOTAL of medical bills if you were at fault in causing injuries, whether by the injured driver, the insurer, or both. So say that the driver is suing you for the portion not paid by his/her insurance (say, for example, $25,000 in medical bills; pain and suffering, lost wages, etc. would be separate); if the insurer paid $52,000 for his/her medical bills, the insurer can sue you to recover the $52,000 they paid out.
You do not need to pay the same bill twice. You should ask for an itemized list. If they won't provide it voluntarily, don't pay and make them sue; they'll have to provide it in the lawsuit. (Put your request for the invoice[s] in writing to them, sent some way you can prove delivery, and keep a copy and the proof of delivery--that way, you can later show the court, if need be, that you tried to resolve without litigation.) If any bill is also being sued for by the driver, inform the insurer of that fact; if you still end up being sued by that, you can raise any amounts paid to the driver for a specific charge as a defense against paying that amount duplicatively to the insurer, and vice versa.
For the amount of money at stake, though, you need a lawyer: there are procedural issues here that a layperson will have trouble with--you may need to "join" the insurer into the driver's lawsuit, if the driver's suit has already begun, to resolve all matters in one litigation, for example. Let a lawyer help you, with $52k+ at stake.


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