Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.
One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?
A:
The short answer is that you should schedule a consultation with an attorney handling personal injury cases. Your inquiry is a bit mysterious. Sued by whom? If your insurance company settled with the other party, they should have had that party sign an agreement releasing you from liability, and your own insurance company generally cannot turn around and sue you. Is the other party's insurance company suing you? That may be possible if they paid something to their insured pursuant to his/her policy's underinsured motorist coverage. That is what's called a subrogation case, and those cases are often filed to try to squeeze whatever they can, even from someone like you - for example, a small monthly payment over many years. In that type of case or any other based on negligence, you may be eligible to file for bankruptcy, which would keep you judgment-free, at the expense of some damage to your credit. If you need to look at that route, you must schedule a consultation with a bankruptcy attorney.
Another mystery about your inquiry is your statement that you are being sued "for over 100K".
Generally, a lawsuit complaint of any kind will NOT state the suit is for "over $100,000" or some specific amount that is over 100,000. For jurisdictional purposes, it just needs to state the minimum amount necessary to sue in Circuit Court, currently "over $50,000" (assuming you're in State Court, rather than Federal Court). Are you sure you have been served with a real court complaint? To be certain of that, you can find your case online on your local Clerk of Court's website for case searches.
A: This sounds like a subrogation lawsuit, which I'm very familiar with. These usually come about when the insurance company for the other driver pays out because of the accident, but then seeks to recover that money from the person they deem to be at fault. You should try to speak with an attorney who can at least let you know what to expect as part of the process.
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