vancouverrx7

hey guys,



I need to know what to do or what you've done when if you've ever been in this situation.



In May, a friend of mine got into a car accident with another vehicle. The accident is as follows. It was a two lane street, with a double yellow separating the two lanes. The guy and her were going in opposite directions and there was a parking lot entrance on her side. Apparently, the guy didn't signal and just turned. She didn't brake in time so she hit him. In both cars, it was a front end collision. For the guy, the passenger side corner of the car went right into the middle of hers.



She is in NY and has only liability coverage for her vehicle. This means that for her to recover her losses, she had to deal with the other person's insurance company. In July, the other insurance company settled the case. The insurance company decided that it was 75% the guy's fault and 25% hers. So they paid her accordingly and it was thought that that was that!



However, just yesterday, she was served with a summons to appear in civil court in regards to that accident. She is being sued for the damages plus interest and lawyer fees--i beleive--because the guy believes she was being negligent.



All in all, my recommendation to her is to get a lawyer to settle this. However, since this accident occured in NY, i have no contacts to recommend.



1st) does anyone have any recommendations as to what kind of lawyer or which lawyers/firm she should ask to represent her? I don't want to just tell her to look it up in a phone book, so anyone you would know personally?



2nd.) I thought his was not allowed because this case was settled. Each party got their fair share of the cake. How can they sue?



3rd.) The official story on the police report is how i described it above. However, the guy had another passenger in the car and she is afraid that they will make some story and change it around. What is the likely-hood of this happening?

vosko

once its settled i don't think she can sue. if it was determined 75% the other guys fault that person simply cannot sue her. atleast in NJ

tcb100

If she is being sued, she should call her insurance company.



That is exactly what liability insurance is for.

Jims5543

I concur. ( Damn! I dont have the picture)



She should call her insurance company ASAP. They should handle it.

vancouverrx7

yeah, that's what I'm thinking too... but liability insurance should cover it right?

Dumbrotorkid

if the other person was found at fault he better have johnny cochran as his lawyer to win...like everyone else said it should be covered under liability.

Jims5543

Yes. I would tell her to check her policy and see what her cap is.



I rear ended a car like 5 years ago. The idiot was stopped on a major highway for no reason. I tried to change lanes and the car next to me boxed me out. I slammed on my brakes and slid into this moron at like 30 MPH in my BoncoII (it had a 4" lift) I pushed his trunk into his backseat. His wife was hauled off to the hospital with a neck brace and backboard. I thought for sure I would get sued.



This thing that sucked the most in that accident was him looking in the rear view at me as I skidded into him. He had all the time in the world to hit the gas and lessen the impact or even aviod it. Instead he stood on his brakes and took a really hard hit.



I drove my BroncoII away with a dented bumper.



Unreal..





I feel bad for your friend I hope she makes out o.k.

DomLee

So my understanding of this situation, is that your friend was driving in one direction. The other driver was driving in the opposite direction. The other driver, was the one who was negotiating a turn.



If this is the scenario, then your friend has the right of way.



Speak w/ your insurance company now and get this bull$hit lawsuit thrown out.

Midnightdriver

yes they have no real case. The lawyer they have is hoping that you will settle just because a lawsuit was filed. If he was found 75% at fault and you have the police report that states that he was the major factor in the accident and the inssurance record then you should be fine..some lawyers will take the case and you can get them to pay for the action aginst you. Because they are forcing you to get a lawyer.