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Being sued twice from the same person, this time it’s trial

Discussion in 'Civil Court, Procedure & Litigation' started by Erick Ayala-Aguirre, Jan 19, 2020.

  1. Erick Ayala-Aguirre

    Erick Ayala-Aguirre Law Topic Starter New Member

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    Jurisdiction:
    Colorado
    So I was in a auto accident with the plaintiff and she sued me the first time and her and my auto insurance company reached a settlement of $25,000 plus $3,000 of restitution that I’m paying out of my pocket. Now I was sent a letter saying this matter is set for joint trial management. It’s my understanding that she can’t sue me
    Twice under “res judicata” what do I do?and is it possible for her to do this?
     
  2. flyingron

    flyingron Active Member

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    Well, obviously she CAN sue. But you are right, you should be able to get it dismissed. Report it to the insurance company.
     
  3. Erick Ayala-Aguirre

    Erick Ayala-Aguirre Law Topic Starter New Member

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    Thank you! I will try in get in touch with them it’s seem impossible to get a hold of anyone there. Is there any reason that she would be able to sue me again? She pretty much hit all the point one can sue you for.
     
  4. army judge

    army judge Super Moderator

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    When you call your insurance agent, or reach one the company's insurance claim adjusters, be sure to ask THAT questions along with other things you wish to know.


    This CO licensed law firm might be a good place to start your research, as regards how Colorado law addresses "fault":

    Is Colorado a No-Fault State?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    A letter from who? From where?

    It might not be a new lawsuit. Might just be some automatic scheduling if the lawsuit wasn't properly dismissed when it was settled.

    Your county court website may have a case search feature where you can review the docket and get an idea of what is happening. Try it today.

    Beyond that, call your liability claim rep tomorrow.
     
  6. Zigner

    Zigner Well-Known Member

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    If her claim exceeded the limits of your policy, then the suit may be for additional damages. You will want to review the exact language of the settlement.
     
    hrforme likes this.
  7. Erick Ayala-Aguirre

    Erick Ayala-Aguirre Law Topic Starter New Member

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    My limit is $50,000 total but why wouldn’t this be something that I can claim “res judicata” she settle for the $25,000 why would she be able to sue again.
     
  8. Zigner

    Zigner Well-Known Member

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    A settlement means that the prior lawsuit was dropped. Again, check the terms of your settlement. Better yet, hand it off to your insurance company.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Maybe she's not suing again. You haven't answered any of my questions and I'll bet you haven't checked the court website.
     

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