Legal Question in Personal Injury in New York

Being sued from a 2018 personal injury case from my car. (I did not do it) The insurance company closed the case now I get lawsuit papers. What do I do? I only have a job, checking account and car worth $2,000.

Asked on 10/24/21, 5:41 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Contact the insurance carrier that insured your car at that time.

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Answered on 10/24/21, 6:58 pm
Jason A. Richman Jason A. Richman, Esq.

Unless I misunderstand the information contained within your question, the insurance company has closed its file; that is to say refused to make payment on a claim as against you. That is not to say that they have disclaimed the coverage or indicated in someway that you were not covered at the time of the subject accident.

Assuming that your policy was in full force and effect on the date of the accident, and also that you have cooperated with the insurance companies investigation into same, then they Owe you a defense and indemnification, and so your personal assets are not particularly important at this point.

There is always the possibility that a plaintiff will take an excess verdict as against you , however an excess verdict can be very difficult to collect upon, and many attorneys simply won’t bother.

The previous answer to this question was correct. Contact your insurance carrier and provide them with a copy of the summons and complaint that were served upon you.

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Answered on 10/25/21, 6:21 am

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