Legal Question??? help?
Can someone sue me personally if they were injured during my work with a company vehicle and already got a settlement from my company for damages they said they had? Question is my company paid someone for alleged damages sustained to them and their vehicle now they’re wanting to sue me for attendant care etc when they got a scratch on them and already received money(s) from my work. Or do they have to go thru my work, The letter said "please give this to your insurance company immediately"so i gave it to my work since I am covered on their insurance when using their vehicles since I drive for a living. Plus I am in the middle of filing bankruptcy so should I tell my lawyer about this also ?
Posted July 19th, 2010 in When To File Bankruptcy. Tagged: attendant care, company vehicle, damages, filing bankruptcy, insurance, insurance company, lawyer, money, scratch.
Anyone can sue anyone for anything. The question is whether they will win.
Yes, just tell your bankruptcy lawyer. The claim is most likely barred by the doctrine of issue preclusion, but there is not enough information to be sure. If you are filing a Chapter Seven bankruptcy, it won’t matter. If you’re filing a 13 you may have a problem.
More than likely the lawyer is just trying to shake something loose on a flyer.
Tell your insurance company, which will provide a defense, and your bankruptcy lawyer, who may make a defense unnecessary.
July 19th, 2010 at 7:01 pmYou company should have received a total release when they settled. If they failed, then they still have to defend you. But the other side can always sue you. Both your employer who owns the car and their insurance, as well as your own car insurance if you have one, must handle your defence.
July 19th, 2010 at 7:01 pmRegardless of all that, nothing stops you from including in your bankruptcy these claimants name so that you need not pay any judgement they might get above what the insurance covers, a highly unlikely situation unless death occured.
Good Luck!