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?
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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 8 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.
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