I was in an accident over two years ago and I received a letter in the mail stating that the woman I hit was suing her place of employment for workmans comp and her place of employment is requesting that I be added so that they can sue me for what they pay her. I have talked to my insurance company who I had at the time and they say that they are no longer responsible for providing me with a lawyer nor are they responsible to pay any more money out because they have already paid for an injury claim and that they have closed the claim. According to the insurance company she didn't claim injuries until march of this year maybe a week away from being 2 years. I also have talked to a lawyer who says that I have to go through them. Now the insurance company is giving me the run around and I have to have a letter sent in to the woman's attorney by tomorrow stating whether I admit to being at fault for the accident or denying fault. Also I live in Alabama.
I am 23, 7 1/2 months pregnant, single, full/part time student, and I barely make $ 500 a month.
Answer by ACE
This is what I think should have happened:
Your insurance company said that they have already paid 'injury claim'. You should ask them if they have closed the file on the claim. To close the claim file properly, they should have the medical records from the injured woman's doctor and that the woman had consented to the closing of the case and that she would no longer place any further claim related to the accident.. If the case file was already closed with the above mentioned conditions, then the injured woman cannot place any further claim against you through the insurance company. Her consent to close the file meant that she was convinced that she had recovered and that she would relieve you of your responsibility re: the accident. If she ever sue you personally in future on the same accident, I don't think she has a strong case in court. For your own protection, remember to get hold of the relevant document from your insurance company as a record.
But, if the insurance company had not properly closed the case file (ie obtained the injured woman's consent that she had recovered and no further claim will be pursued) then the insurance company should continue to entertain her claim and settle the medical bill on your behalf.
Remember why you bought insurance coverage in the first place. It's all about protection for you in case of accidents. Make sure the insurance company face up to their responsibility.
Ace :)
Answer by fighting saints
First thing in the morning you need to call the insurance company and have a claims manager explain in detail why they think they no longer owe you a defense. No matter what they tell you tell them to send you a letter explaining it in writing. Depending on the settlement they made with the person suing they may not owe a defense.
If the claims manager can not explain it to you in a satisfactory way then you need to contact the Insurance Commissioners office ASAP. http://www.aldoi.gov/
No matter what do NOT stipulate or admit fault to the other person, their lawyer or the court.
Answer by mbrcatz
Age, marital status, income, all of those are irrelevant.
You need to talk to your insurance agent.
Here's what I would guess happened - you had a 'minimum liability' policy. Once your policy pays out the liability limits, you're out of coverage, and they're off the hook. HOWEVER. If they DID pay out the liability limit, they would have required her to sign a paper agreeing to not sue you for any more money.
So you need your agent, to talk to a claims supervisor, and get a copy of that paper to you, so you can forward a copy to her workers comp carrier.
Sounds to me like she's trying to "double dip", collecting both from you, and her workers comp carrier (although maybe not - maybe she was just injured THAT badly). In any case, it's standard procedure for her workers comp carrier to try to go after you for what they paid, and I'd bet dollars to donuts, they have no idea she already settled the claim with you. She is going to owe them, every dollar of what your insurance company paid her.
So, your letter is going to say, "Dear attorney; this claim (insert claim number here) was settled with your client on (insert date she signed the paperwork two years ago), in full, with my insurance carrier. Please find attached proof that the claim with ME has been settled in full by my auto insurance carrier." That's all you have to say. Don't mention fault either way.
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