What can my son do if he is being sued for a fender bender that happened 2 years ago?

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What can my son do if he is being sued for a fender bender that happened 2 years ago?

His car skidded on ice and hit another car. The police came, no summons was issued to my son and the person in the other car refused medical treatment saying he was fine. Now he is claiming injuries and that he cannot work as a result of this accident. This is the second time he is suing, the first time our insurance company denied him and now he is going after us in a civil suit. What are his chances of winning?

Asked on October 20, 2014 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no way to know his chances of winning--it depends on how strong his evidence is that 1) your son was at fault, which means that he was, for example, driving carelessly, such as by driving too fast for the icy conditions; 2) that the accident in which your son was at fault caused his injuries; and 3) the extent of his losses, damages, or injuries. The fact that your insurer denied his claim doesn't mean much--it means just that your insurer thinks there's a chance your son isn't liable, so they chose to not simply pay. But the insurer is not a court, and their determination has no binding effect. Notify your insurer of the suit--they should provide or pay for an attorney to defend you (that is one of their obligations).


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