Orlando, FL asked in Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida

Q: Can a person sue you if you have a fender bender, no damage, in a company vehicle with company insurance?

On my way to work 2+ years ago, I bumped into an SUV in front of me doing less than 5 mph. I am pretty sure there was no damage to either vehicle. I was in my company pickup with the logo on the side. The person tried suing the company when it happened. I no longer work for that company now, but years later the person is trying to sue me, or at least, i think she is. There is a processing clerk trying to serve me papers. I called the number she left on a sticky note on my door and she said it was over that incident and that was all she could tell me. Should i let her serve me? And does this person have legal grounds to sue me when i was in a company vehicle with company insurance that she tried to sue and lost.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It may depend on which court the original action was filed in. Rules for small claims, Florida state civil court cases which are not small claims cases, and federal district court cases are different. See for example

Florida Rules of Civil Procedure, RULE 1.170 and

Federal Rules of Civil Procedure, Rule 19.

In any case, you would argue that she should have sued you the first time. Also, you should ask your former employer's insurance carrier to appoint an attorney to defend you; they are probably obligated to do under the terms of that insurance policy.

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