by Guest » Mon Aug 02, 2010 10:47 pm
So i Rear-ended someone back in Oct. 07. There were 2 people in the car, one of which had to go in an ambulance to a hospital. My insurance company has been dealing with it since trying to get a settlement figured out. My coverage is 100k per person. I just recently got papers of Plaintiff's Amended Moticon for continuance pursuant to Iowa Rule of Civil Procedure 1.944. something about being underinsured. Im assuming this means they are sueing me now? If so what are they able to sue for?? I dont own anything, have a kid on the way and getting married soon. Any help??
Posted: Mon Aug 02, 2010 11:22 pm Post Subject:
First, you can't be sued if you've not been served. So unless a process server or a police official handed you a Complaint, you've not been sued.
We you ever served?
Statute of limitation for personal injury in Iowa is 2 years. Meaning that a legal Complaint (lawsuit) needs to be filed within that time frame. Civil Procedure 1.994 seems to be some motion to set aside the Statue of Limitations for some reason. I'm _guessing_ that some other insurance policy might have been available to the injured person that they could not have known about before the time frame ran out (at least this is the motion that is being filed so that the judge can rule on it).
First, you need to get this info to your carrier asap if they don't already have it. Second, you should call them and find out what it means. They should be able to explain everything to you. I'm _guessing_ that either the injured person is stating that they had no way of knowing of your insurance coverage or that another policy was out their that they did not know about. I'm guessing it's something to do with your carrier as you were sent a copy of the motion.
Again, call your carrier and see if they know about this. They can also tell you the status of the claim as well.
Posted: Mon Aug 02, 2010 11:49 pm Post Subject:
thanks a ton, that gives me a little relief. I work mornings and ive been trying to get off early to call the lawyers assigned by my insurance company. I just have little to no money and its only gonna get worse once my kid is born
Posted: Tue Aug 03, 2010 12:38 am Post Subject:
You need to call your insurance company... not the attorney (the attorney may talk to you but it's better to speak to the adjuster in this case). Your adjuster should also be keeping you in the loop if the claim has not been settled. Though, I have to say it's not done all of the time but a letter here and there is a good thing.
Posted: Tue Aug 03, 2010 06:12 am Post Subject:
Your adjuster should also be keeping you in the loop if the claim has not been settled.
I always believed that the adjuster is the only point of contact under such circumstances. But, now it seems I was wrong. Is it proper to communicate with the lawyers assigned by one's insurance carrier under such a scenario?
Posted: Tue Aug 03, 2010 06:18 am Post Subject:
Is it proper to communicate with the lawyers assigned by one's insurance carrier under such a scenario?
Certainly, they are the insured's attorney, period. Though, the insurance company usually prefers if you speak to the adjuster and allow the attorney to handle the legal aspects of the claim. Still, there is nothing wrong with speaking to the attorney (or a paralegal) directly.Add your comment