Gerritt Posted January 1, 2012 Report Share Posted January 1, 2012 Anyone ever recieve a "Notice to defend" from the lawyers representing your insurance company? I got into an car accident 2+ years ago.. and now I have been sent papers from my insurance companies lawyers stating they intend to defend the lawsuit and they "request my indulgence to help them file a "statement of defence" as they investigate the matter... they are asking me to write them... however I do not know exactly what they want... Nor, do I want to incriminate myself by speaking with anyone until I know what is going on.... What can I expect? Do I/Should I get my lawyer involved? What exactly is this? and why is she able to sue over 2 years later? Thakns to those that can offer advice and have been through this before. G Link to comment Share on other sites More sharing options...
ld17 Posted January 1, 2012 Report Share Posted January 1, 2012 sounds like they want you to testify on their behalf. Who ever might be trying to get some money from the accident and your insurance wants to defend the claim. That's what I think. Link to comment Share on other sites More sharing options...
tjsa Posted January 1, 2012 Report Share Posted January 1, 2012 Call them Gerritt, or meet with your insurance company's lawyers to get the exact facts of the lawsuit. You need to know why they are suing your insurance company instead of you. Link to comment Share on other sites More sharing options...
Gerritt Posted January 1, 2012 Author Report Share Posted January 1, 2012 Call them Gerritt, or meet with your insurance company's lawyers to get the exact facts of the lawsuit. You need to know why they are suing your insurance company instead of you. Instead of me? I thought that is why we pay for insurance? for issues like this, when a person gets into an accident... This letter is from the law firm representing my insurer... they already know the particulars.... this is why I am confused. I am afraid they might be looking for a way out of this and try and put the owness on me in some fashion. She was not hurt and refused medical treatment at the scene of the accident... which is why this was a bit of a surprise for me over two years later.. I suppose my best course of action is paying my lawyer to figure this out... Something I simply cannot afford at this time. G Link to comment Share on other sites More sharing options...
tjsa Posted January 1, 2012 Report Share Posted January 1, 2012 Yeah, but it might cost you a heckuva lot more in the future if you try to avoid it. Link to comment Share on other sites More sharing options...
cheaptackle Posted January 1, 2012 Report Share Posted January 1, 2012 (edited) Relax Gerritt. It means your insurance company is defending a claim against them arising from the accident and need your input - that part is standard. They need to know if they should take it to court or settle which is what you are ultimately paying them for. If it will make you feel better to do so consult a lawyer to hear what may transpire. If the forty-eleven hundred bucks a consult may cost you is an issue I believe you can still contact the Law Society of Upper Canada for a free 1/2 hour referral. On the other hand, as has been suggested, just meet with your insurance company's lawyer without offering anything until you hear more about what's happening. Your agent would be a good contact to get "general" info from as well. It sounds like the other party is looking to cash in either through need (medical) or greed (found out they could), and is within the statute of limitations or has been advised that they are. I'm almost certain there is no suit that can be brought against you personally if you are insured, hence the term "no fault" but check with your agent to be sure (they really do work on your behalf). This is really a general view, Gerritt, there are always exceptions but I really think you have nothing to worry about. Until you get more details there's not a lot that can be said. Michael Edited January 1, 2012 by cheaptackle Link to comment Share on other sites More sharing options...
davey buoy Posted January 1, 2012 Report Share Posted January 1, 2012 An accident I was involved in some years ago was not my fault. my insurance rates never increased and my truck was repaired. About 8 mths later I get a letter from the women suing me for injury and damage to her car in the area of $6,000.00.I immediately called my insurance company asking how can I be sued when I had proof of insurance and up to date. They looked into it, called me back the next day and said they had forgot about the court case and didn't show up so the woman was awarded $6,000.00 . My insurance quickly told me not to worry and paid the claim right away. I guess what I'm trying to say is who knows what these companies are doing and we should at least follow up and make sure things are properly taken care of. Good luck with this Gerritt. Link to comment Share on other sites More sharing options...
Gerritt Posted January 1, 2012 Author Report Share Posted January 1, 2012 Hey thanks Micheal! this is a bit more comforting.... it is quite the shock getting served, it is something I have never experienced before.. thinking about it... I assume if these lawyers are representing my old insurance company (they dropped me after the accident) then they are also in a way representing me? how is the ice on my old stomping grounds? Killing them on the weedline by the soap plant? G. Link to comment Share on other sites More sharing options...
cheaptackle Posted January 1, 2012 Report Share Posted January 1, 2012 Ice is there but looks like a few areas opened up overnight. I'm on the north shore so I can't see the other end too clearly and haven't been out (not in a hurry for a polar bear dip!) Let us know what transpires - from what you've said I can only guess but the fact is you were their "insured" at the time and they are required by legislation (as you are to pay the premiums for the coverage etc.) to act on your behalf, that's what insurance is for. I believe you'll find they are (as they have to) just attempting to minimize the impact to themselves or possibly even determine IF there's fraud on the other side. There are just too many variables to guess at so, as the wisest man I ever met once said - get the facts FIRST - then figure if you got any worries! Michael Link to comment Share on other sites More sharing options...
spooner_jr Posted January 1, 2012 Report Share Posted January 1, 2012 I'm almost certain there is no suit that can be brought against you personally if you are insured, hence the term "no fault" but check with your agent to be sure (they really do work on your behalf). The other party would be suing Gerritt, not his insurance company. But since the insurance company is the one that will be paying out if the suit is successful, they run the defense. When No-fault was first introduced, you had to meet a threshold for injury severity before you were able to sue, and one of those conditions was that the injury had to be "physical" in nature. The "physical" part was taken out of the threshold, and as a result, there are a lot more suits claiming mental and emotional injury now. Link to comment Share on other sites More sharing options...
Cookslav Posted January 1, 2012 Report Share Posted January 1, 2012 (edited) It exactly as others pointed out....The other party involved in your accident is sueing. Your Ins. Company simply wants to know if its worth fighting or not. There is more then likley "somthing" in the poilce report that suggests you were perhaps not at fault, and shifts part of the blame on to the other party...they just want your account to see if it collaberates the report, and their position. However... 9x outta 10 the Ins. company will settle out of court if the amount of the claim is small. Its not usually worth the man hours, proffessional assesments and court fee's to fight it. There is simply a lotta red tape with personal injury claims and usually there is ALOT of "He said, she said" that needs to be documented and sorted out...then there are appeals, and new evidence etc. That stuff more often then not can cause enough of a delay in the case to drag it out over several YEARS So by the time it finally gets to court(5 year window from the fileing date usually) and a Judge makes his descion.... It more often then not ends up costing more to defend the case then the claim is asking to pay it out. One of my Best freinds is an adjuster for personal injury "defence"...for an insurance company. He once told me if you so much as scratch yourself in an accident ask for $9K because generally speaking if your willing to drag a case out for 5 years it will cost the Ins. company about $10K to defend it as a bare minimum. Sad but true....and there is the reason our Insurance premiums are so high. Edited January 1, 2012 by Cookslav Link to comment Share on other sites More sharing options...
Joey Posted January 1, 2012 Report Share Posted January 1, 2012 We represent insurance companies all the time in accidents Gerritt, and it very RARELY goes to court. They will try to settle out of court, if that does not work they will try a mediation and it goes on an on and then they generally settle out of court without anyone having to go. If your insurance company is handling this through their lawyers, that is already a sign you are covered. They just need (and righfully so) your input on the accident. Take a deep breath my friend Link to comment Share on other sites More sharing options...
Whitespinnerbait Posted January 1, 2012 Report Share Posted January 1, 2012 however I do not know exactly what they want... Why don't you ask them ??? Link to comment Share on other sites More sharing options...
Rob Posted January 1, 2012 Report Share Posted January 1, 2012 Gerrrit, like Joey said these cases are almost all settled out of court. I am sure she filed the case against you before the 2 year limit to file the statement of claim. You will be covered, but definitely talk to your insurance company to make sure that you have adequate coverage for the claim (I am sure you do, because your insurance company would let you know if you didn't...usually!) If you submit anything to your insurance company, keep a copy of everything and most of all...RELAX that is why you have insurance for these kinds of things!! Rob C Link to comment Share on other sites More sharing options...
cheaptackle Posted January 1, 2012 Report Share Posted January 1, 2012 Why don't you ask them ??? Ummmm....I'd really be going out on a long, long limb on this one but- I'm guessing the papers arrived/got discovered after everything closed for the holidays (lawyers ya know!) and he was hoping to find some sort of positive and assuring answer before they reopen Tuesday Michael Link to comment Share on other sites More sharing options...
Marty Posted January 2, 2012 Report Share Posted January 2, 2012 Gerritt, They are suing you and your insurance company has a duty to defend you. They will supply the lawyer. You have a duty to cooperate with our insurance company and if you don't, they can claim that you breached the insurance policy and either won't defend or indemnify you. Answer their questions and let them do their job. It most likely will settle out of court and it's the best way for you not to spend any money out of your pocket. Trust me, I'm a lawyer . . . . Link to comment Share on other sites More sharing options...
OhioFisherman Posted January 2, 2012 Report Share Posted January 2, 2012 (edited) Not sure how your laws work up there Gerritt but years ago I was involved in a minor accident here with the truck at work and was called to give a deposition, under oath. The lady tried to pass me on the inside as I was turning a corner in a semi, I was doing a couple of miles an hour, and she was claiming permanent injury. All I did was put a slight dent in her fender where it met the bumper and pulled the plastic cover off the bumper. I didn`t know that I had even hit anything until she came running up to my window at the next traffic light. My companies insurance company provided a lawyer, she was there with her lawyer, and a moderator. I gave an honest account of the accident, her lawyer kept trying to get me to change my story or trap me, then complained and kept asking if I had been coached. I never heard from them again. Edited January 2, 2012 by OhioFisherman Link to comment Share on other sites More sharing options...
Billy Bob Posted January 2, 2012 Report Share Posted January 2, 2012 Some good advice but also some misconceptions here when it comes to insurance and suing. No Fault was established years ago to protect yourself from yourself in a way....before No Fault Insurance if you got into a accident and the other driver was not fully insured or did not have enough coverage you could easily be liable for medical and or property damages to you and anyone else in your car. Now your own insurance covers your medical bills, property bills etc....and in the end your insurance company will then go after the other guy if he's at fault for reimbursable. As far as being sued....well yes Gerritt you could be personally sued by this women "IF" you do NOT have enough insurance coverage to handle the settlement. That is why some of us have a higher insurance premium then others, because we PURCHASED better insurance coverage...remember the more you have the more you can lose...so the more insurance coverage you need to purchase... Bottom line Gerritt.....how do you look in prison stripes....LOL... Link to comment Share on other sites More sharing options...
express168 Posted January 2, 2012 Report Share Posted January 2, 2012 Gerritt, Same thing happened to my brother-in-law a number of years back, he had a minor fender bender. Neither of the vehicles needed repair through the insurance companies, nobody received medical treatment and well documented by police report. 1 year later he gets the notice of a 1 million dollar lawsuit for injuries suffered in the accident (the girl was a " Ballet Dancer" if you know what I mean) and claimed she suffered such severe injuries that she couldn't work anymore. My brother-in-law spoke to the insurance broker in his office and the lawyer over the phone and just basically verified the information that was in the police report. They told him not to worry about it they would take care of it , he was never called to court and the suit was dropped. Just follow up with your insurance company and tell the truth of what you remember, if you don't remember say it or if your not sure say it don't make things up because that is when you get burned. You should be fine. Link to comment Share on other sites More sharing options...
brw Posted January 2, 2012 Report Share Posted January 2, 2012 I practice here in the states and not familiar w/ Canadian/Ontario law but I can give you a few general tips. First, don't freak out over anything. 99.99% of these claims are teken care of/resolved in some fashion and everyone goes about their daily lives. This is why you have insurance. They owe you a duty to defend you and they will, but only if you cooperate. There's a little clause in your policy known as a "cooperation clause." It means you have to notify them of being served and speaking with their counsel or claims rep, etc. They probably want to know just basic facts at this point. It doesn't mean you have to tell lies or do anything they want you to do. Just be honest, answer their questions as best you can, and let them go from there. Let them fight it out with the other side. And they'll let you know if and when they need you after that....pretty standard stuff. Link to comment Share on other sites More sharing options...
COUNTRYBOY Posted January 3, 2012 Report Share Posted January 3, 2012 WORKING IN THE COLLISION BUISNESS AND DEALING WITH INSURANCE COMPANY'S, I KNOW THEY ARE BEING SCAMMED EVERY DAY WITH THINGS LIKE STAGED ACCIDENTS. A LOT OF IT IN THE NORTHERN PARTS OF THE GTA. THEY USUALLY HAVE A LAWYER FROM THEIR COUNTRY OF ORIGIN AND THEY SERVE YOU ON THE LAST DAY BEFORE YOU CAN DO ANYTHING...INSURANCE COMPANY USUALLY PAYS BECAUSE IT COST MORE TO FIGHT. ONE OF THE BIGGER INSURANCE COMPANY'S ARE STARTING TO DEFEND SOME NOW BUT FOR HOW LONG WHO KNOWS... Link to comment Share on other sites More sharing options...
Billy Bob Posted January 3, 2012 Report Share Posted January 3, 2012 WORKING IN THE COLLISION BUISNESS AND DEALING WITH INSURANCE COMPANY'S, I KNOW THEY ARE BEING SCAMMED EVERY DAY WITH THINGS LIKE STAGED ACCIDENTS. A LOT OF IT IN THE NORTHERN PARTS OF THE GTA. THEY USUALLY HAVE A LAWYER FROM THEIR COUNTRY OF ORIGIN AND THEY SERVE YOU ON THE LAST DAY BEFORE YOU CAN DO ANYTHING...INSURANCE COMPANY USUALLY PAYS BECAUSE IT COST MORE TO FIGHT. ONE OF THE BIGGER INSURANCE COMPANY'S ARE STARTING TO DEFEND SOME NOW BUT FOR HOW LONG WHO KNOWS... Sorry COUNTRYBOY and no disrespect to you........BUT....does anyone else see anything wrong with this.... Link to comment Share on other sites More sharing options...
Jer Posted January 3, 2012 Report Share Posted January 3, 2012 Sorry COUNTRYBOY and no disrespect to you........BUT....does anyone else see anything wrong with this.... Bob...I think everybody sees something wrong with this...except for the scammers of course. ...and the lawyers. As he said, costs more for the insurance company to fight the suit, so they settle. One of the reasons Ontarions (is that a word?) pay the highest premiums in Canada. Link to comment Share on other sites More sharing options...
COUNTRYBOY Posted January 4, 2012 Report Share Posted January 4, 2012 WHAT IS IT THAT YOUR SEEING WRONG WITH THIS BILLY BOB...NOT SURE WHAT YOUR REFERING TOO...MAYBE IT'S TOO EARLY Link to comment Share on other sites More sharing options...
livinisfishin Posted January 5, 2012 Report Share Posted January 5, 2012 Sorry COUNTRYBOY and no disrespect to you........BUT....does anyone else see anything wrong with this.... Lol had to look twice but I get it. Link to comment Share on other sites More sharing options...
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