What to do if you're being sued - 2 years after accident?

I have no doubt. The company will more than likely settle for a pittance, and that's basically all the other driver really wants.


Ed

 

We are all in agreement here; yes,that is the likely outcome.
But you can't go into this with your pants down around your knees.
You gotta prepare for a fight, even if it never happens.
And if Decker is aware they are a defendant, they possibly have this handled.
Another thing this just made me think of, see what Decker lawyers
have in the way of evidence, and maybe you don't even need Sal or Vito.
But being a co-defendant, it would be prudent to have your own council.
Decker more than likely will make them an offer right before it goes into court.
Please post how this turns out for you.

 

Funny thing about these lawyers waiting nearly 2 years to file suit...many of the records they'll be seeking are not required to be retained that long. 6 months for logs. 12 months for other "driver qualification" stuff. Supporting documents, etc. have all been discarded, as the time frame for keeping them has long since passed. In other words, the company has purged these documents LONG before they are considered "evidence" in the trial. So, there's no proof of doctored log books...no evidence of running legal, either. Nothing to document whether or not you were legally where the wreck happened at the time of the wreck. So, that could be spun either way...with nothing to support the claims either way. Lots of "he said/she said". Personally, if I were a juror in such a case, I'd have to wonder WHY the delay, and if a good reason wasn't provided I'd be inclined to be biased towards the defendant. If you were serious about your claims, the suit ought to have been filed in a timely manner...as in BEFORE the records retention laws have allowed the company to dispose of the "evidence" you plan to ask for.

 

Like I said earlier, there is a statute as to how long the other party has to settle the claim. Here its 2 years. If they don't settle within 2 years, they either get nothing, or they have to sue you to extend the litigation period. It isn't a scare tactic, its just the other party holding out for a few dollars more. The other party was probably not sitting around, waiting for 22 months to sue you and counting on you forgetting the details. They were probably arguing with the insurance company over the settlement amount and felt the insurance company was low balling them.

 

Nope....your wrong.....Being in trucking insurance I've probably seen and responded to more of these than you have.

They are asking for DAMAGES caused by Decker's negligence.........

Yes by all means immediately report this to Decker (irrespective if husband still works there) they will in turn turn it over to their insurance company to handle.......the insurance carrier is going to want to know if the incident was previously disclosed or reported to them, and if the incident wasn't, why not.

Even if the prayer for damages includes your husband, he was operating within the scope of his employment so the carriers defense and indemnity will include him.

 

Should he get his own lawyer also - since he was separately named as a defendant?

Not too many details not specified in the original post.
was accident reported immediately?
What was the nature of the contact?
Was he moving, or stopped and rear-ended?

I had a lady one time Rear-end my truck, Bad, stopped to turn left, waiting for traffic to pass.
She opened up the passenger side of her minivan like a can opener all the way down, 2 feet into it.
She sideswiped the 2 oncoming cars also,and first one ran up on a big rock in front of the corner.
Her minivan Went 20 feet up my truck bed all the way to my cab steps. Glass everywhere.
Got out with my phone turned on and video recording, but not pointing it, just in my pocket,
I was hoping she would make a statement. I asked her, "are you all right?" "What happened?"
she said "I was writing something down in my day planner on pass. seat and didn't see you stopped."
Took out my phone and got shot of day planner scattered on pass. side floor. End of story. Not charged.

 

Speaking strictly from my experience, he'll be covered by Decker's insurance and as such, he'll be represented by the same attorney. It's all under the same umbrella so to speak.

 

Not singling you out as there have been several posts with the same message...

Just be aware that it is not your attorney. It is probably not the carrier's attorney. It will most likely be the insurer's attorney. Their interests may, or may not, be the same as your interests.

In a case like this, I would likely at least talk to your own attorney.

 

What I was trying to say; Thanks, got my mix all talked up.

 

Here is 5 I had nothing in my name until 5 years after I retired.