What are my rights if I am being sued in civil court by the other driver in a fender bender for over $100,000?

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What are my rights if I am being sued in civil court by the other driver in a fender bender for over $100,000?

I have already contacted the insurance company and I have court transcripts of her saying she was not injured.

Asked on December 31, 2011 under Accident Law, Colorado

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 12 years ago | Contributor

Typically, if you are sued and have insurance for the car accident, the insurance company will defend the action for you.  If the other person is suing over your policy limits (for example if you are only insured up to $20,000 and they are suing for $100,000), you have the right to hire your own attorney to protect you beyond the insurance companies liability.  You should send a copy of the complaint to the insurance company immediately so that they may answer the complaint and defend the action.


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