What should I do if I was in an auto accident a few months ago and now I am being sued?

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What should I do if I was in an auto accident a few months ago and now I am being sued?

I was pulling out from a parking spot on the street and a car hit me. It was a minor accident. This accident was reported to my insurance company and the police. The driver of the other vehicle wanted to sue and my insurance company took over and later informed me that this case was dismissed. Now, months later, I received a letter that the driver is suing me personally for injuries she sustained.

Asked on August 5, 2014 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should refer the lawsuit to your insurance company.  Your insurance company will provide you with an attorney to represent you at no cost to you.  The insurance company's attorney will handle the case for you.

If the entire case was dismissed with prejudice, then the other party cannot reinstate the case and file a lawsuit. 

If only the property damage claim in the case was dismissed, the personal injury cause of action (claim) can proceed.

If the case was dismissed without prejudice, the case can be reinstated and the lawsuit can proceed.


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.

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