Re: Can I Be Sued For This?
blacksmithn wrote:Okay, I know that a lawsuit can be filed for practically any nonsensical thing, but this seems ridiculous.
I was in an auto accident where the other driver made an illegal U-turn in front of me, causing me to hit her vehicle. There is a corroborating witness who can testify to this. We turned the matter over to our respective insurers and the matter went into subrogation.
I assume you mean "arbitration," not "subrogation."
blacksmithn wrote:In the meantime, I paid my deductible, rented a car and my insurance co. paid to have my vehicle repaired. Months go by and I hear nothing. Today, I get a call from the other party. The story I get from her is that my company denied liability and she wants to know if we can "work this out" (i.e., I pay her deductible) or she'll file a Small Claims lawsuit against me. I told her in no uncertain terms that this was handled as far as I was concerned by the two insurers and she could go pound sand.
Presumably, your insurer denied liability because it believed (as you do) that you were not at fault for the accident. You shouldn't be dealing with her -- all of this should be handled by the insurers at this point. She should pound sand.
Is California a no-fault state?
blacksmithn wrote:I have a call in to my adjuster, but while I'm waiting I'm wondering what the deal is here. Is this a common tactic? Is my insurer obligated to defend me? I'm so angry I could spit.
Yes, your insurer is obligated to provide you with a defense. That's part of your policy. If you get sued by the other driver, your insurer will provide defense counsel and pay for it.