Legal Question in Personal Injury in California
Can I still be sued by insurance company?
I was in an automobile accident in 9/2001. I was an uninsured motorist at the time. The accident was at a 4-way stop and I only hit the lady because she ran her stop sign. It was my husband and I in our vehicle and only her in her vehicle. There was no police report or witnesses. Her insurance company is now suing me for a $350 bumper and $7500 pain & suffering. Haven't they ran out of there statue of limitations? If not, I am having a hard time trying to find a lawyer to represent me, any suggestions? This was the only accident I have ever been in and the only time I have been uninsured due to a late payment to the insurance company. Any help would be appreciated!
2 Answers from Attorneys
Re: Can I still be sued by insurance company?
The ins. co. suing you is called subrogation and I think the statute is about 4 years. It is not the same as the usual personal injury time limit. The $7500 must be the injury claim of the other driver under her uninsured motorist coverage. The ins. co. as the plaintiff, has the burden of proof. If you have witnesses or othr evidence of the other driver running the stop sign, you may prevail. As to a lawyer, you'd probably have to pay an hourly rate. Some PI attys will help in a defense capacity. If you are in Orange County, give me a call.
Re: Can I still be sued by insurance company?
A good attorney shcould be able to help you negotiate a reasonable settlement for the actual value of the claim, and defend against the suit, but would typically charge for his time by the hour [your insurance company would have provided one, but now you get to do so]. The other side is using leverage on you BECAUSE you don't have insurance. Once you get an attorney involved, that will change.
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