More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

Question

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no that he just wanted to leave, an ambulance arrived and he walked away with the driver, then the police arrived and made the report and I made the report to my insurance and to the DMV, today more than a year later I receive a hereby summoned claiming negligence on my part and alleging irreparable medical and mental damages that exceed the coverage of my insurance, but that day the pedestrian was walking   all the time and asking to leave the escene, my insurance company now is no longer the same as that time, I should send a response. Should I use only my insurance or can I also consult with an attorney to better handle this situation? Thank you very much

Tim Akpinar · Answer

You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy for your records. Your insurance carrier should then assign an attorney to your defense. Your questions are good - they cover issues that your assigned attorney can discuss with you in a more meaningful and detailed manner. I anticipate you will be told that it is your choice to consult with an attorney independently - that would be a discussion beyond the brief scope of a Q & A forum. It would involve liability, details about the policy, injuries, your situation in terms of assets, and other factors. Good luck

Jonathan R. Ratchik · Answer

As my colleague correctly advised, report this matter to the insurance company you had at the time of the incident. It will perform its own investigation of the occurrence, assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability insurance coverage. Keep in mind that just because the pedestrian said he was fine at the scene does not mean he was not injured. Oftentimes, physical injuries take hours, even days, to manifest themselves after trauma. Regardless, it's likely unnecessary at this time to confer with private counsel. Although you're being sued for damages in excess of your coverage, most cases that can be resolved are resolved within the policy limits.

James L. Arrasmith · Answer

You should immediately contact both your previous insurance company that was active at the time of the incident and a personal injury lawyer. The insurance company from when the incident occurred is still responsible for handling claims from that period, even if you've switched providers since then. 
 
Given that the claimed damages exceed your insurance coverage, working with a lawyer is crucial to protect your interests. The lawyer can help review the police report, medical records, and other evidence from that day which may support your account of events - particularly the fact that the pedestrian was mobile and declined immediate medical attention. 
 
Your prompt actions at the time of the incident (calling 911, ensuring the pedestrian stayed for emergency services, filing proper reports) were excellent and will help your case. However, with serious claims like this, having both insurance coverage and legal representation gives you the strongest possible defense and ensures all proper procedures are followed in responding to the summons within required timeframes.

Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too