What to do if I received a letter from an attorney asking for my insurance because his client was seriously injured at an event that my daughter was present at?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I received a letter from an attorney asking for my insurance because his client was seriously injured at an event that my daughter was present at?
It was not on property that I own and my daughter was not involved in the incident. The person involved was 18 and it was at property that his grandmother owns. The entire incident was an accident. How can we have any liability in this? Also, is it feasible to counter sue for the stress this has put on my family? I can’t afford an attorney.
Asked on October 1, 2015 under Personal Injury, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1 d on what you write, you would not be liable if you did not own theproperty, did not host the event, and your daughter was not involved in the incident liability depends on more than mere presence, it requires fault.
2 You do not need to provide the insurance information to the attorney until and unless you are sued or subpoenaed in a lawsuit. You could respond to him with a brief letter stating, very professionally, that you did not own the property, did not host the event, and your daughter was no involved in the incident.
3 You can't sue for "stress." If you are sued and it turns out, as you write, that there is no basis or grounds for liability, then you may be able to counterclaim for frivolous litigation or seek sanctions for frivolous litigation and recover any legal fees you expended.
4 If you are sued and you have homeowners insurance, check the policy the insurer may defend you. If so, turn it over to them.
5 Do NOT speak with the family about this anything you say, they can try to use against you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.