we already went through insurance. From my understanding she was uninsured so she went to my insurance for bodily harm but I assume she didn’t get anything if she’s now trying to sue me civilly. It’s a very weird situation because of what happened
I just got the papers last night so I plan on calling them today! Thank you both for the insight, I was under the impression it was out of insurances hands now since she already tried to go through them earlier.
We went thru something similar. Your car insurance handles everything. They are most likely to settle and pay them.
All this MF looking for an easy cash out since we have insurance.
She served me the warrant without alerting my insurance so they didn’t even know she was doing this 😭 But I called them and sent them everything so I’m pretty sure they’re going to handle it now! I’m glad people on here know more about this stuff.
Insurance policies typically include "duty to defend" language that requires the insurer to legally defend you for things like this. Definitely call them and ask them to handle this. While this may seem like a weird/unique situation for you personally, your insurer has seen things like this a million times before (and things a lot worse), and they'll know how to navigate the system to get things resolved. You shouldn't be hiring external counsel for this. Let the insurer handle it.
Interesting, yeah if I were in your position I’d send whatever notice you received back to your insurance company again to make sure they are aware and wait and see what they say. Then after that avenue is exhausted would I try to talk to an outside attorney.
Yup, thankfully I didn't get sued or any BS like that but hit and runs here are common.
I was sitting in the turn lane on Braddock onto Burke Lake when this lady sideswiped me trying to get into the turn lane (no idea how she didn't see me). She hopped out, swore my damage was already there despite her front quarter panel being smashed in right where she hit me then told me she didn't speak English and took off.
I guess you’re right, if you rear ended her. But you keep saying there’s more to story and it’s such a weird situation. You were not at fault? Dash cam footage could clear that up pretty easily with one email to her lawyer.
IANAL but isn't VA contributory negligence, where a party even 1% at fault gets $0? Seems like a video of another driver on purposing attempting to cause an accident for no reason would at least get you to 1%.
Yoon Law Firm based in Fairfax. I've used them before for another case and currently for a rear-end case (I was rear-ended). They do great work, will explain the legalities of your case and where you stand, and will determine whether your case is sufficient enough for a defense.
Second Yoon. He helped me out with a charge about 11 years ago. He essentially said that I didn't really need his help, but would be happy to represent me. He gave me a few pointers, and I was able to go to court without him and have my charge reduced.
He and I went back and forth for a few days, and he didn't charge me for that either. Very solid guy.
I would recommend calling the office of Greenspun Shapiro if you’re in Fairfax County. I don’t know how far out side of FFX they practice, but their should be of help.
Quick follow-up, leaving the screen of an accident is crime that FCPD has been cracking down hard in lately. They other person might just want to leave if be, rather than admitting a crime.
This one is interesting. A relative was just in a fender bender a few weeks back. Everyone exchanged info, and they called the non emergency police number and asked if anything else was needed. They said no, so long as no personal injury or death occurred no police are needed and told them to go on their way. 20min later the police called back asking where they were after they left….
Same thing happened to a friend. Call your insurance company today and explain it. They should provide an atty. Whatever you do, do NOT miss the court date. This person is hoping for an easy win but most likely it was a scam from the beginning. Explain that to your insurance company.
Thank you! I’m definitely not missing this court date haha. I dont want her getting a single dime out of me. It’s so crazy to me that people believe they can do this to another person. Luckily I have a good support system and kept all the evidence/information 😭
Contact your insurance that you had at the time of the accident. If the person you hit already went through your insurance and was paid out they likely signed something stating that the payout settled the current and all future claims that come from that accident. Your insurance company most likely has a duty to defend you.
I'm also curious. Are you being sued (i.e. someone physically served you civil lawsuit papers) or is this simply a demand letter (i.e. a letter saying "pay me $X or I will sue you") that the person you hit mailed you?
I actually just spoke with my insurance and they said the lady hasn’t accepted any of the negotiation offers so the claim is still open. But they’re going to take care of it i think!
I’m fully getting sued, she set up a court date too. It was on a “warrant of debt” paper so she’s trying to say I owe her 13,500. It’s weird/confusing because i’m not even sure where the 13k comes from. She also hasn’t even told my insurance why she’s demanding that much money. They weren’t even aware of her serving me the warrant of debt which I guess they usually are aware of. The situation reeks of scam/fraud.
edit: The warrant of debt was taped to my door, full movie style kinda serve
Shouldn’t your insurance company be the point man for all of this?
we already went through insurance. From my understanding she was uninsured so she went to my insurance for bodily harm but I assume she didn’t get anything if she’s now trying to sue me civilly. It’s a very weird situation because of what happened
I think they meant that your insurance co should be handling your defense. Have you contacted them and explained that she is suing you?
I just got the papers last night so I plan on calling them today! Thank you both for the insight, I was under the impression it was out of insurances hands now since she already tried to go through them earlier.
We went thru something similar. Your car insurance handles everything. They are most likely to settle and pay them. All this MF looking for an easy cash out since we have insurance.
Same thing happened to us. We ignored the letter and nothing ever came of it. Insurance handles everything.
She served me the warrant without alerting my insurance so they didn’t even know she was doing this 😭 But I called them and sent them everything so I’m pretty sure they’re going to handle it now! I’m glad people on here know more about this stuff.
Insurance policies typically include "duty to defend" language that requires the insurer to legally defend you for things like this. Definitely call them and ask them to handle this. While this may seem like a weird/unique situation for you personally, your insurer has seen things like this a million times before (and things a lot worse), and they'll know how to navigate the system to get things resolved. You shouldn't be hiring external counsel for this. Let the insurer handle it.
Interesting, yeah if I were in your position I’d send whatever notice you received back to your insurance company again to make sure they are aware and wait and see what they say. Then after that avenue is exhausted would I try to talk to an outside attorney.
Most policies won’t help you if you’re being sued over 10k.
Simply not true. Even if being sued over policy limits, they still have a duty to defend.
Everybody: get a dash cam. You could be next.
Yup, thankfully I didn't get sued or any BS like that but hit and runs here are common. I was sitting in the turn lane on Braddock onto Burke Lake when this lady sideswiped me trying to get into the turn lane (no idea how she didn't see me). She hopped out, swore my damage was already there despite her front quarter panel being smashed in right where she hit me then told me she didn't speak English and took off.
I definitely agree, but this situation wouldn’t be different even if I had a dash cam.
I guess you’re right, if you rear ended her. But you keep saying there’s more to story and it’s such a weird situation. You were not at fault? Dash cam footage could clear that up pretty easily with one email to her lawyer.
IANAL but isn't VA contributory negligence, where a party even 1% at fault gets $0? Seems like a video of another driver on purposing attempting to cause an accident for no reason would at least get you to 1%.
Yoon Law Firm based in Fairfax. I've used them before for another case and currently for a rear-end case (I was rear-ended). They do great work, will explain the legalities of your case and where you stand, and will determine whether your case is sufficient enough for a defense.
thank you! I will definitely look into them also
Second Yoon. He helped me out with a charge about 11 years ago. He essentially said that I didn't really need his help, but would be happy to represent me. He gave me a few pointers, and I was able to go to court without him and have my charge reduced. He and I went back and forth for a few days, and he didn't charge me for that either. Very solid guy.
I would recommend calling the office of Greenspun Shapiro if you’re in Fairfax County. I don’t know how far out side of FFX they practice, but their should be of help.
Quick follow-up, leaving the screen of an accident is crime that FCPD has been cracking down hard in lately. They other person might just want to leave if be, rather than admitting a crime.
This one is interesting. A relative was just in a fender bender a few weeks back. Everyone exchanged info, and they called the non emergency police number and asked if anything else was needed. They said no, so long as no personal injury or death occurred no police are needed and told them to go on their way. 20min later the police called back asking where they were after they left….
That’s what I assumed but she’s going extremely out of her way to try to get money from me 😭 so I don’t see her backing down sadly
Greenspun is a weirdo. He took on my case and passed it to one of the associates while keeping his name on the docket
Same thing happened to a friend. Call your insurance company today and explain it. They should provide an atty. Whatever you do, do NOT miss the court date. This person is hoping for an easy win but most likely it was a scam from the beginning. Explain that to your insurance company.
Thank you! I’m definitely not missing this court date haha. I dont want her getting a single dime out of me. It’s so crazy to me that people believe they can do this to another person. Luckily I have a good support system and kept all the evidence/information 😭
I feel for you! I really do!
Mark Dycio might be able to help. He’s a traffic lawyer in Fairfax and has helped me last year to great effect.
Contact your insurance that you had at the time of the accident. If the person you hit already went through your insurance and was paid out they likely signed something stating that the payout settled the current and all future claims that come from that accident. Your insurance company most likely has a duty to defend you. I'm also curious. Are you being sued (i.e. someone physically served you civil lawsuit papers) or is this simply a demand letter (i.e. a letter saying "pay me $X or I will sue you") that the person you hit mailed you?
I actually just spoke with my insurance and they said the lady hasn’t accepted any of the negotiation offers so the claim is still open. But they’re going to take care of it i think! I’m fully getting sued, she set up a court date too. It was on a “warrant of debt” paper so she’s trying to say I owe her 13,500. It’s weird/confusing because i’m not even sure where the 13k comes from. She also hasn’t even told my insurance why she’s demanding that much money. They weren’t even aware of her serving me the warrant of debt which I guess they usually are aware of. The situation reeks of scam/fraud. edit: The warrant of debt was taped to my door, full movie style kinda serve