Asked in Car Accidents for Oregon

Q: In Alaska, if i am being sued for tort automobile accident, how much does it usually cost for a lawyer or if i am found

I had my 1st DUI accident. My fiancees insurance paid 50,000 to the persons in the vehicle. now they are taking me to court for automobile tort

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3 Lawyer Answers
Mr.  Gary R. Johnson
Mr. Gary R. Johnson
Answered
  • Personal Injury Lawyer
  • Bend, OR
  • Licensed in Oregon

A: First, you should consult with an attorney immediately. 2nd, if the insurance company paid the other driver they should have had that driver sign a release releasing you from liability. You need to find out whether that was done. The insurance company should not have settled the claim against you without requiring the other driver to sign the release releasing you from liability. You may have a claim against your fiancée's insurance company for paying the other driver without obtaining a release of liability on your behalf. However you will need to talk to a lawyer to confirm this. 3rd, you should notify your fiancée's insurance company that you've been sued and demand that they hire an attorney to defend you. They may refuse to do so and again you need to talk to a lawyer to assist you in this regard.

Joanne Reisman
Joanne Reisman
Answered
  • Personal Injury Lawyer
  • Portland, OR
  • Licensed in Oregon

A: You posted your question as an Oregon Law question. But it looks like this took place in Alaska. So I think you need to talk to an attorney in Alaska. Normally your insurance company will defend you if you are sued. So if you are being sued, you need to contact your insurance company. \

If your fiancee's insurance covered the car you were driving, and you don't have your own insurance, then you may need to contact your fiancee's insurance company as I suspect they will defend you as well. It doesn't make sense that they paid out money for the accident without getting a release.

The only other thing I can think of is that your fiancee's insurance paid the loss to the injured people and now they are coming after you for reimbursement. That generally doesn't happen in Oregon, so maybe that is something perculiar to Alaskan insurance law.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: You need to notify fiancee's insurance. If you had insurance of your own also notify them--but they are secondary, definitely notify fiancees by phone, fax, and certified mail return receipt. They will provide you with a lawyer.

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