I am being sued for personal injury due to negligence from auto accident 1 year ago

[luckybaby1211]

Hello,

I had an accident over a year ago. It was traffic because there was an accident that I passed by so cars movign slow. It was a three lane and I was on the farthest left.

When the lights went green, I did not noticed the road arrow sign that says my lane is for turning left only. So, I accidentally hit the car in front of me.

We both got out of the car, I apologized to him and handed my insurance card to the police who walked by us right away, from the prior car accident a few feet apart from us.

It happene don June 28, 2008. My insurance paid him to fix his bumper. Then after 9 months, I received a letter form my insurance comopany informing me that he is filing for personal injury (back pain).

After 7 months, I got a letter from a lawyer stating that he is suing me for serious personal injury due to my negligence and satting that if my auto insurance which is Geico did not settle with them, then they have no choice but sue me and file and ask money judgement from me personally.

This is scaring the hell out of me on this Halloween night. I am jobless for 3 years since 2006 when I moved to New York. I have no property, living in a tight apartment with 3 kids, and I have tens of thousands of debts in the brink of bankcrupty. I wonder what can I offer him?

I am in a state of distress myself. I did not even have money to fix my broken car so donated it because it was unsalable.

Can anyone give advice on what to do? I already fax the letter to my insurance and mailed it by certified mail. I am waiting for their response.

I am getting so stressed out and sick and terrified with this issue.

Please help.

Thank you.

SN

 

[mightymoose]

They can't take what you don't have.
In order to get anything after 9 months for his back pain he will have to establish some sort of medical history over that period of time to link it to the accident. If he went to the doctor right away and has consistently been back, then it may be legit. If he waited 5-6 months to go to the doctor then you could argue that the accident was not the cause.
Geico is a decent insurance company as far as I know. They should establish most of this in determining if they will provide coverage for it or not. They deal with this sort of thing all the time.
Anyway- don't be threatened by letters from the other insurance company. If you have nothing to take, then they can take nothing from you. When they learn your financial situation I doubt they would even proceed against you.
Let Geico deal with it.

 

[luckybaby1211]

Thank you Mightymoose, I think I may sleep tonight.

 

[jharris352]

Yes Moose is absolutely right. First your insurance company is bound to defend you. They have the deep pockets, not you. This letter is to just scare you, which it obviously has. No lawyer in his right mind would sue the insured instead of the insurance company. You will be fine: RELAX.