Legal Question

Discussion in 'Community Discussion' started by yg17, Jan 31, 2011.

  1. yg17 macrumors G5


    Aug 1, 2004
    St. Louis, MO
    I know I should be asking a lawyer and all that, but I think this is a simple enough question and I can get an answer to put my mind at ease.

    Long story short, in 2003, I was in a car accident, my fault, and the lady I hit sued for injuries (although she was hardly injured and just looking for a quick buck). Anyways, my insurance company hired a lawyer, and at the end of it all, they decided to settle for my policy limit of $100,000, and that was that. Fast forward a few years later, and I get summoned as a witness because she was suing her insurance company for underinsured motorist coverage which they were not willingly paying.

    Now, tonight, my parents call me because someone was trying to serve me papers and their address was my last known address that they had on file - I've moved since so they couldn't serve. I can only assume this relates to that accident. Now my worry is that she didn't get what she wanted from her insurance company and is now suing me again. But my question is, can she even do that? She settled her lawsuit with me and I didn't have to pay anything out of pocket, and I was told by my lawyer that settling for the limit would protect me from paying out of pocket. So I have no idea what these papers are for, I imagine they'll eventually find me and serve. Hopefully the gold digging old bitch is suing her insurance company again and they need me as a witness, but I just want some reassurance that she can't be going after me.
  2. Rodimus Prime macrumors G4

    Rodimus Prime

    Oct 9, 2006
    she can not sue you but I would worry about her insurance company going after you to recover their funds. Personally I think it is pretty boggus and hopefully they will rule against her. Sounds like her insurance is taking it to court knowing they can win.

    Do you know which side is calling you?
  3. sdbforthewin macrumors newbie

    Nov 22, 2010
    you cannot be re-sued by her unless they have found new evidence against you... blah blah blah, you should be good about that. but like the guy above here said, i'd definitely worry about the insurance company because they'll sue big time to get their money back.
  4. 63dot macrumors 603


    Jun 12, 2006
    Wow, this sounds like you really need to talk to a lawyer who deals specifically in this type of thing.
  5. Sydde macrumors 68020


    Aug 17, 2009
    There are two subtle shades of meaning to "settle". The one we are more accustomed to is the sense of compromise, of putting up with getting less than what you really wanted, and it is applicable in its way here. But the real meaning in the legal sense is the matter is settled (over-and-done-with). Both parties (in this case, your insurance company on your behalf) sign an affidavit to that effect, that no additional action will be taken on this matter. If your insurance company failed to do this properly, you would have to find a way to sue their pants off.

    But what seems more likely is that someone like her insurance company or some other party that she is trying to soak wants to depose you for some reason or another. Get some sleep, I seriously doubt you have anything to worry about.

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