Help from any of our more legally inclined members!

[Dark_Knight7096]

Ok as many of you know I lost my Marauder in a total loss accident in November of 2005. I got a letter in the mail today and I was wondering if anyone would help take a nice big load of stress of my mind. The letter states the following:

Dear Mr. Ingenbrandt:

Our efforts to resolve ******* *********'s injury claim were unsuccessful. Our investigation showed that he did not have insurance on the date of loss. We have been attempting to verify the same with his attorney, but to date have not been successful. Therefore we have denied the claim. As a result, you may receive legal documents from attorney ****** *******. If you do, please contact me immediately at the number below so we can take appropriate action to protect your interest.

If you have any questions (blah, blah, blah, blah)




It's that first paragraph that's freakin me out. One guy involved in the accident doesn't appear to have insurance therefore my insurance company refuses to pay him, can I be sued for this? How likely am I to be sued? How bad is this?

Any insight anyone could add would be greatly appreciated, I'm like freaking out over here not knowing what's going on. I tried contacting the lawyer I know but it's the weekend and I cannot reach him.

[sailsmen]

1ST I am not an attorney. Any information is not to be constured as legal advice and I suggest you contact your insurance company or your own attorney.

The state the accident took place maybe a "no pay no play" state where in under law if the injured party has not purchased auot insurance than they forfiet the right to recover damages for being in an auto accident.

Some states have a threshold, for example if the injured uninsured party exceeds $25K in damages than they can sue.

[bradical]

I am not a lawyer, but I am familiar with these situation as I have been involved in similar matters both personally and through business. My familiarity is with Florida insurance, which may be different from New Jersey. To be sure, seek appropriate legal counsel. End of disclaimer.

You can be sued by almost anybody for almost anything. That's why carrying an umbrella policy is a very good idea, especially if you have assets you need to protect (a second home, a boat, a business, etc.) If you have (or are perceived to have) assets you will probably be sued by some scumbucket out there who thinks they can get something off of you- either through a court decision, or more commonlly, a settlement.

The good news is you have insurance. Your insurance company will defend you at no cost to you if you are sued. The insurance company will, of course, have the insurance company's best interest in mind - NOT YOURS - but in attempting to minimize their exposure and expense, they will do all they can to defend you and minimize any claims, which they would have to pay.

Several points are critical here. The first is who was at fault in the accident? What limits do you have on your insurance? What coverage do you carry?

Remember, half of what we worry about never comes to pass. Stop worrying today, enjoy your weekend and call your attorney Monday and let him worry about it. Just go on with your life and deal with it if it comes up.

[duhtroll]

First off, you should know I'm not an attorney.









. . .so I will not offer advice and let those who know better do that. :D

Good luck to you. I think you'll be fine.

[Tallboy]

What the letter means is "he didn't have insurance" which means you [or your company] are not liable for one nickel of any of his claims. You cannot [and very likely will not] be sued successfully for this, so do not worry. My guess is this guy knows he doesn't have a leg to stand on.

[Dark_Knight7096]

Thanks for all the help guys. I figured I should be ok due to his lack of insurance, I'll try to get out and enjoy the weekend.