QUESTION

What should I do if I am being sued for a car accident?

Asked on Apr 22nd, 2011 on Personal Injury - Western Australia
More details to this question:
I was in a car accident, it was my fault since I lost control of my car. Now the lady whose car I hit wants money can she win? I don't own anything I don't have any savings. I have 4 kids and my wife was let go from her job so right now my family and I live from only my pay check to pay check.
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24 ANSWERS
Answered on Jun 11th, 2013 at 12:18 AM
File bankruptcy.

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Answered on Nov 06th, 2012 at 11:21 AM
Generally, if a person is at-fault for a collision and had insurance at the time of the collision, the person can submit the claim to their insurance carrier to defend them. This will help avoid a judgment against you, avoid attorney fees and possibly avoid judgment against you. If you did not have insurance, you may need to hire your own attorney to avoid a default judgment. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue.

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Answered on Aug 02nd, 2011 at 6:12 AM
Your insurance is contractually responsible for representing you on this claim and for indemnifying you up to your policy limit should you be found responsible. You should contact the adjuster from your company and find out what they are doing to represent you. If you do not have insurance then the person who was injured would have to sue you to get a judgment against you and they attempt to execute the judgment by garnishing your wages or tax returns. It is unlikely they would do so, but possible. More realistically, the injured party probably has insurance and would pursue an uninsured motorist claim against their own company.

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Answered on Aug 02nd, 2011 at 5:12 AM
First thing you should do is contact your automobile liability insurance carrier and discuss the case with them. They will provide an attorney to defend you in any legal action. It is their obligation to represent your best interests and to help protect you from any personal liability. Of course, this answer presumes that you maintained the mandatory liability limits. If you did not, then she can definitely bring suit against you to hold you liable for her damages. If you are unable to pay, then there are several options that she has to attempt to get the money that she was awarded.

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Answered on Aug 01st, 2011 at 12:36 PM
If you have insurance, just call them and let them know you have been sued. If you don't have insurance, just call the attorney who represents the plaintiff, and let them know that you were uninsured. The attorney will probably then look to his or her client's uninsured motorist coverage, and probably leave you alone.

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Answered on Aug 01st, 2011 at 12:34 PM
That is what car insurance is for. If you were driving without insurance, shame on you. Now you have to defend yourself in court. Eventually, you can file bankruptcy to escape payment of the judgment for damages.

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Answered on Aug 01st, 2011 at 12:27 PM
If you had auto insurance at the time, you need to let them handle it for you. Otherwise, you can either defend yourself or hire an attorney. Either way, you can choose to settle with her or not. If not, the worst thing that happens is she files a lawsuit. If she does, and yes she can win since the accident was your fault, you need to show up in court and make her prove her damages. The worst thing you can do is ignore her suit, thus allowing her to take a default judgment against you for basically any amount she wants, since you did not contest any of her claims. Your ability or lack of ability to pay a judgment will not be a factor in her suit, but it will come into play if and when she attempts to collect money from you after she obtains a judgment.

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Answered on Aug 01st, 2011 at 6:12 AM
You should give a copy of the papers that were served on you to your broker or insurance company right away. Your insurer will provide you with a defense.

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Answered on Jul 31st, 2011 at 9:07 AM
Contact and Consult with a defendant's personal injury attorney from your local bar association.

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Answered on Jul 31st, 2011 at 6:21 AM
Under the laws of the State of Oklahoma you must carry automobile insurance in order to get or keep a driver's license to drive a car. The insurance is required at least in part, to insure that financially strapped people provide some coverage for others in the event of a car wreck. If you were driving a car which has been in a wreck where someone was hurt, you have admitted the accident was your fault and your question is can the other driver sue you, the answer is yes. If you have no insurance and no assets the attorney for the other driver will press recovery as far as possible including garnishing your wages. "Direct threats require decisive action."

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Answered on Jul 31st, 2011 at 6:11 AM
Turn the matter over to your automobile liability insurance carrier and let the people who do that sort of thing professionally handle it for you at no charge to you. That is why you paid the insurance premiums.

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Answered on Jul 30th, 2011 at 9:37 AM
Do you have liability insurance? Yes, she could win. Whether she could collect is another issue entirely. Her lawyer should do an assets check to determine you don't have assets to collect. Riley

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Paul L. Whitfield
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Answered on Apr 26th, 2011 at 8:54 AM
I assume you have insurance. This is a matter the insurance co will deal with. Report any claims to them and don't worry about it. that is what you have insurance for.

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Answered on Apr 25th, 2011 at 12:10 PM
You should immediately report the matter to your insurance company and let them take care of the claim against you. That's why the state requires you to have insurance coverage of at least $25,000. I trust you have such insurance. If not, then speak to an attorney right away to see what can be done for you. Good luck.

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Answered on Apr 25th, 2011 at 12:10 PM
Contact your insurance agent. If you were at fault and you had insurance they will go after your insurance first not you personally.

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Answered on Apr 25th, 2011 at 12:09 PM
I can only presume by your question that you do not have auto insurance. If you did, they would take care of everything. If not, the other driver can use their uninsured motorist coverage to pay for their car damage and injuries. But in that event, her insurance company will usually engage in subrogation, which is when they come after you for what ever monies they expend to resolve the claim for their insured. The lawyers that handle subrogation claims will usually negotiate with you. You can try to explain your circumstances and they may or may not be understanding. Sometimes they will let you make a payment plan for whatever amount you agree to settle upon. If the amount was large, you could file bankruptcy to discharge the debt and your other debts as well. But you would need to speak with a bankruptcy attorney to fully understand all of your options. Keep in mind that the lawyers that handle subrogation claims know they cannot get blood out of a stone. I have helped several clients in your position negotiate a reasonable settlement that the client was able to live with. The other problem you may have is the state may suspend your license for having an accident while not carrying insurance.

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Answered on Apr 24th, 2011 at 5:34 PM
Just turn it over to your car insurance company and then don't worry about it.

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Answered on Apr 24th, 2011 at 5:32 PM
You will be liable for any damages that were caused in the accident if it was your fault. However, she will have to prove her damages. She can't recover money unless there was property damage, or she was hurt. If you have auto insurance, it will hire an attorney to defend the case, and pay the damages up to the policy limits. If you don't , she might get a judgment against you, but if you own nothing, there is no way for her to collect.

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Answered on Apr 24th, 2011 at 5:31 PM
You will turn it over to your insurance company who will defend you and cover your losses up to the policy limits. If you have no insurance, you will need a private attorney to defend you. Tim Klisz

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Answered on Apr 24th, 2011 at 5:31 PM
Contact your insurance agent and the insurance company will defend the case for you.

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Answered on Apr 24th, 2011 at 5:30 PM
Contact your insurance company ASAP.

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Answered on Apr 24th, 2011 at 5:30 PM
Give the papers to your insurance company asap.

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Answered on Apr 24th, 2011 at 5:29 PM
You should refer this case to your insurance company as soon as possible. If you've been served, you have 20 days to respond. Give the summons and complaint to your insurance company and (if you have insurance) that should take care of it.

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Answered on Apr 24th, 2011 at 5:28 PM
If you have auto insurance, you should immediately call your insurance company and report the accident to them. They will take care of everything. If you don't have auto insurance, she can certainly sue you for money; but more likely, she'll go after her own insurance company (under her Uninsured Motorist coverage). That doesn't necessarily get you off the hook, though; because her insurance company can then seek money from you. If you can establish that you are judgment proof, they might leave you alone.

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