Expert: Ron Cercone - 6/8/2009

Question
December, 2007, I had the misfortune (especially now) of getting into a minor accident in a shopping center parking lot. We were both backing up out of our spaces and collided.
The other driver jumped out of her car and screamed, "you're at fault and if you tell the insurance company it's my fault, I'll sue you, I'm an attorney."  Wow, she got my attention but made me angry at the same time especially when she didn't want to give me her insurance info. I finally got it and left the parking lot.  I called both insurance companies and reported the accident.  There was no damage to my car except a small paint scratch from the paint on her car.  She didn't report the accident for a couple of months which was odd.  When she did, I was never notified that the adjusters decided it was a 50/50 liability and paid out $325 per each insurance company.  Yesterday, June 6, 2009, I received a summons stating I and my former insurance company are being sued due to extensive bodily injury and emotional distress caused  by my "lies" to the insurance companies about who hit who.  Now, I am really upset and wondering if 21st Century, my former insurance will represent me and themselves against this crazy woman. Do I need to get a private attorney in addition to 21st Century representation.  She is trying to make the insurance company put me at fault and I don't understand the malicious motive for trying to collect damages for bodily injury which the adjuster said there was no possibility of her sustaining in a slight impact that wasn't even on the driver side...it was a small dent on the right quarter panel and she was strong enough to jump out of her car and run over to me like she was going to assault me...she was nuts.

Answer
Patrisha,

First of all I'm no liability or automobile coverage expert, so you may want to resubmit your question and ask for an auto "liability" and or legal expert. My expertise is in settling physical damage to your property claims.

Number one is to see if your former insurer will defend you. Call them.

But here are some thoughts. Find out by calling your local small claims court and asking what the statute of limitations is to file a bodily injury claim in your state. In California it's 1 year (maybe 2 years now) from the loss date. So if it was in California, she would have to have filed the suit by December of 2008.

Call a couple of "auto accident attorneys" in the yellow pages and see if they will give some free advice, or pay them for 30 minutes of their time.

Go ahead and turn in the claim to your former and present insurer to see if they will defend you. If they deny a defense, they must state the reasons in writing. This may also give you some clues abut the merits of the other drivers case.

Perhaps the other driver is just bluffing in an effort to get a nuisance settlement. The problem is that even if the other driver had no valid legal claim, you would still have to defend yourself, and that could cost more than her actual damages and emotional distress.

And you could counter sue her. Have you had any pain or "emotional distress" of your own?

One upside is that she is suing your insurer as well as you. So your insurer will have to defend itself. If they prove her claim without merit, then that helps you. And your former insurer will need you to be a favorable witness, so they just may provide your defense cost, even if they don't owe it under the policy.