What can I do if I’m being sued for a car accident?

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What can I do if I’m being sued for a car accident?

I was driving my mother-in-law’s car. When I was pulling into a driveway on the other side of the street I had an accident. The person I hit is claiming negligence on my behalf. He sued me and my mother-in-law already and received a settlement. Now, I just got a summons saying that he is suing me again but just me, claiming medical bills, hospital bills, pain and suffering and permanent impairment and other damages. The insurance she had was full coverage max of 300k. I don’t know what to do. My mother-in-law’s car did not hit him; he swerved and hit a telephone pole and stone. Then he jumped other of the car screaming and threatening me to the point that I ended up going into crises so was put on meds to try to handle the anxiety. I feared for my life and the place the accident happened put a order on all their houses to stop him from coming to the houses. What do I do?

Asked on April 25, 2018 under Personal Injury, Maine

Answers:

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

Answered 6 years ago | Contributor

The person cannot sue again on the same claim.  When he received a settlement, he had to sign a release of all claims.  This precluded any future lawsuit on the same case.  Also, when the matter was settled, the lawsuit was dismissed with prejudice which means it cannot be reinstated.
Therefore, he has no case.  Refer the summons and any other documents you receive to your mother-in-law's insurance carrier which will provide you with an attorney at no cost.  
Don't worry about it.  The new case will go nowhere for the reasons stated above.


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