Legal Question in Personal Injury in North Carolina

Liability In an Automobile Accident

I was recently involved in an auto accident, the person driving had a seizure and does not remember driving the car. He was seriously injured because he was not wearing a seat belt. My problem is he is claiming that I was driving the car, and now has an attorney ready to sue me. My coverage was only $50000

and his bills are well over $250,000. All evidence points to him as the driver, including my sons statement who was in the car also. My insurance is refusing to pay his medical bills leaving me open for a lawsuit...what can I do, and what are my rights?

What are my options if I should lose this in a court of law... I have no money, I am a single mother? The insurance company advised me not to get an attorney until now, 2 months after the fact but now are telling me to. I am totally confused because I was told they would supply my legal counsel?


Asked on 10/13/01, 1:00 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Liability In an Automobile Accident

That's a weird situation. I'd be curious to know his evidence that you were driving (i.e. his testimony or that of a witness). There's really nothing you can do except to mount your defense. Get any and all witnesses and statements you can. Speak with the investigating officer and any other witnesses. The officer's (and EMS's) observations should be critical to determining who was driving, as well as the injuries (e.g. did someone hit steering wheel, or dash...). If you were wearing a seat belt and shoulder harness in passenger seat, the bruising will often show where you were sitting, e.g. As for money, if you lose (which seems unlikely on your presentation of evidence), the injured person could generally recover your $50K and any assets you have that are not protected. Your insurance company should be doing an investigation too, at least to protect their own interests; you may check w/ them about that. Your son is a good witness, but he would obviously be viewed as potentially biased. If you car had "med pay," it should pay some of his bills (but not close to $250K). If you have any other potential insurance, (e.g. an umbrella policy, not likely tho) then notify them of the accident.

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Answered on 12/13/01, 12:07 am


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