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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?

Old 08-09-2013, 02:24 PM
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drunk and stupid
 
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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.
Old 08-09-2013, 02:33 PM
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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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Old 08-09-2013, 03:12 PM
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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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Last edited by ossiblue; 08-09-2013 at 03:37 PM..
Old 08-09-2013, 03:35 PM
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Old 08-09-2013, 06:12 PM
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Old 08-09-2013, 10:19 PM
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