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Registered
Join Date: Aug 2004
Location: Baton Rouge
Posts: 1,039
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My 18 yr old named in a Lawsuit
My 18 yr old was in a head on collision about a year and half ago. Insurance paid that other driver 50K. Now he, my son, and the insurance company are being sued by the woman again. Can they collect on something over a year old? And what happens if insurance pays up to the amount it allows and she's awarded more than what that is?
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drunk and stupid
Join Date: Jan 2009
Posts: 8,619
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When the insurance paid out, and she accepted the check, she would have had to sign a release of all claims. Ins will have a copy, ask them for a copy and file a motion for summary judgement.
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one of gods prototypes
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And wouldn't you're son have been a minor?
That's got to have some bearing....
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Brought to you by Carl's Jr. |
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Registered
Join Date: Oct 2005
Location: Capistrano Beach, Ca.
Posts: 7,235
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A similar thing happened to my daughter, several years ago. She was hit head-on by a driver making an illegal left turn--he was completely at fault. Insurance handled it, her car was repaired and all seemed good. Then, just before the statute of limitations expired on any civil litigation from the accident (just about two years), she was sued by the guy that hit her claiming loss of wages, pain and suffering, etc. Turns out, this is not too unusual. Hungry lawyers comb accident/insurance files and file hundreds of useless suits, just before statues of limitations expire, in the hopes the party will settle. My daughter simply referred the case to the insurance carrier that she had for the accident and that was the last of it.
I have a feeling this is the same type of action. Call the insurance carrier your son had during the incident and report it to them. Hopefully, you'll not hear about it again.
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L.J. Recovering Porsche-holic Gave up trying to stay clean Stabilized on a Pelican I.V. drip Last edited by ossiblue; 08-09-2013 at 03:37 PM.. |
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Registered ConfUser
Join Date: Aug 2006
Location: Waterlogged
Posts: 23,532
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Man....sometimes humans make me sick. How do people sleep at night?
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Mike “I wouldn’t want to live under the conditions a person could get used to”. -My paternal grandmother having immigrated to America shortly before WWll. |
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Zink Racer
Join Date: Aug 2005
Location: Spokane WA
Posts: 3,993
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They are lawyers, not humans
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Jerry 1964 356, 1983 911 SC/Carrera Franken car, 1974 914 Bumblebee, a couple of other 914's in various states of repair |
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