In March 2006 we were involved in a horrible accident that should have left us dead (see guardian angels, healing, erasure posts for details. I really don't want to go back to them.).
Cliff's notes: ruled no-fault, the one who forced me off the road fled the scene, and another car that was behind me went out, too. This was an uninsured motorist, as I learned in our uninsured motorist clause that we have in our insurance when we were paid off for pain and suffering last year.
Well, I just today received a summons to court for January, precisely for the morning after I will be already in Perú, in Tennessee as I am being sued for property damages and for legal costs...by these uninsured motorists.
Can I really expect more from someone who is driving around uninsured? I suppose not. But it still stresses me out. There must be a 2 year statute of limitations in the state of Tennessee, and they figured they would try to sue me now...but I would even find this difficult to prove as the police report, as corroborated by three different witnesses, found this not to be "Defendent's negligence" as purported on the summons but "no fault".
I am fully covered for property damage liability, so I am hoping and praying that my insurance, who has taken excellent care of us thus far (yet we are paying monthly for them to do so...) will continue to take care of this for me, and have it all taken care of, wrapped up with a bow on top, for Christmas.
Will it work that way? I sure hope so. I would like this nightmare to just go away. I thought it was over, and it just keeps coming back to haunt me. I am so tired...
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Sometimes I just get sooooo angry...especially when I hear stories like this. I take it you are being sued civilly. I would contact your insurance company right away to see if they will represent you in this and at the same time you might think about a COUNTER suit. For all YOUR pain and suffering. This is the ultimate of gutsy behavior to sue you for an accident THEY caused, not to mention them breaking the law by driving uninsured. I'm sure you can get this post-poned until after you're nicely back home and in the meantime it will give you some time to plan your strategies. The only people it makes rich are the litigators.
ResponderEliminarI think that is wonderful advice from val. I don't know enough about your laws to advise, except to say it sounds so cruel and unjust. I will send up a prayer for you - and that you will feel better soon so you can enjoy your family time.
ResponderEliminarHeavens Mapiprincesa. They are suing you after they ran you off the road? Welcome to the Tort system I guess. I really miss the good old PIP system which is what I had when I rolled my Blazer.
ResponderEliminarHow could they manage that after they left the scene of an accident?
Val does seem to have some good advice there. If the insurance agency won't represent you find a good attorney. I just don't see what the other party stands to gain from a suit.