Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

A: Under no circumstances should you speak to the lawyer for the plaintiff without a lawyer representing you. Any statements or admissions you make to that lawyer will be used in the civil case against you, and if you have inadequate liability coverage but have assets above that coverage, could be used to obtain a judgment against you in excess of your insurance coverage. You may want to retain personal counsel, as the insurance company lawyer only represents you for the amount of coverage you have, and he or she has the interests of the insurance company to protect, in addition to your interests.

A: No, you don't want to do that on your own. You want YOUR attorney there, who should normally be provided free of charge by your insurance carrier. You did the right thing by turning the documents over to your insurance company. What happens next? Your insurance carrier assigns a defense attorney to you. This attorney will advise you. Cooperate with your assigned attorney and turn over any accident-related paperwork you receive to them. They should prep you for any meetings. If you are asked to answer questions by the other side's attorney, tell them to contact your attorney. Good luck

A: It seems you're dealing with a complex legal situation related to a pedestrian accident, where the plaintiff (the person who was hit) claims significant physical and mental damages that exceed the coverage provided by your insurance. You also mentioned that the person who delivered the summons suggested you contact the plaintiff's lawyer’s office. Here’s a breakdown of what might be happening:

1. Why the Plaintiff's Lawyer Wants to Talk to You:

The lawyer representing the pedestrian might want to discuss the details of the accident, get your version of events, or offer a settlement. It's common for the parties involved in accidents to have their legal representatives communicate to resolve the case without going to court.

The lawyer may:

• Request your side of the story: They might want to verify details about the accident to understand your position and see if there’s room for a resolution or settlement.

• Attempt a settlement: It’s possible the lawyer hopes to settle the case before it reaches a trial, and part of this could involve talking with you to gauge your willingness to settle.

• Clarify damages or liability: If the claim is substantial, they may want to discuss how liability and damages are being presented to ensure accuracy on both sides.

2. Should You Contact Them?

Before reaching out to the plaintiff’s lawyer, I would recommend consulting your own attorney. Here's why:

• Legal Protection: Having your own lawyer review the situation ensures that your rights are protected. Lawyers can help you navigate such discussions and avoid making statements that could be used against you in a potential lawsuit.

• Insurance Matters: Since you’ve already submitted the claim to your insurance company, your insurer may have legal resources available to represent you in discussions or negotiations.

• Evidence and Strategy: Your lawyer can help determine whether engaging with the plaintiff’s lawyer is necessary or if the matter should be handled entirely by your insurance.

3. What Could Be the Reason for the Phone Marking?

It’s unclear exactly why the delivery person marked the phone number, but it could simply be an effort to make sure you know how to contact the lawyer. However, given the legal nature of the case, they may have been indicating that it is important to respond. It might also suggest that the lawyer wants to speak with you directly to clarify certain aspects of the case.

Next Steps:

• Contact your insurance company: Keep them updated about any communications you receive. Since your insurance has your claim, they might prefer to handle any conversations with the plaintiff's lawyer.

• Consult an attorney: If you don’t already have one, consider hiring a lawyer to represent you. This will provide legal advice and ensure that you are making informed decisions.

• Don’t engage directly without representation: If you don’t have legal counsel, avoid speaking directly to the plaintiff’s lawyer unless directed by your own attorney or insurance company.

It's important to stay calm and ensure you’re taking all the right legal steps to protect yourself.

A: As my colleagues correctly advised, there could be many reasons why plaintiff's counsel wants to speak with you. That said, don't speak with them. Anything you say to them can be used against you in the civil lawsuit against you. You've already turned the matter over to your insurance company (the right thing to do) which will assign counsel to defend you and pay any judgment entered against you up to the limits of your liability insurance coverage. Although you certainly have the right to confer with private counsel, it's a little early in the game for that, especially since most cases resolve within the policy limits.

A: I'm sorry to hear about the difficult situation you are navigating. Dealing with legal claims after an accident can be overwhelming, especially when allegations exceed insurance coverage limits. Understanding your rights and the proper steps to take is crucial in protecting your interests.

If you have been summoned for a pedestrian accident and the plaintiff’s attorney has requested to speak with you, it is important to approach the situation carefully. Here are key considerations:

Once a lawsuit has been initiated against you, you are under no obligation to communicate directly with the plaintiff or their attorney. The purpose of your insurance company is to manage such claims and provide a defense on your behalf. Since you have already notified your insurance company and submitted the relevant documents, you should not independently engage in discussions with the plaintiff’s attorney.

The plaintiff’s lawyer may want to speak with you to gather information, clarify details about the incident, or attempt to settle the case directly. However, speaking with them without legal guidance or the involvement of your insurance company can inadvertently harm your case. Anything you say to the plaintiff’s lawyer could potentially be used against you during the legal proceedings.

Steps You Should Take

1. Refer All Communications to Your Insurance Company: Notify your insurance company about the request from the plaintiff’s attorney and provide them with all documentation related to the case. Your insurer is responsible for managing communications, investigating the claim, and defending you within the limits of your policy.

2. Avoid Contacting the Plaintiff’s Attorney: Do not call the attorney or respond to their request to speak. Direct communication with the plaintiff’s legal team should only occur through your insurer or your personal attorney, if you choose to retain one.

3. Review Your Insurance Policy Limits: Confirm the coverage limits of your policy with your insurer. If the plaintiff is claiming damages that exceed your policy limits, discuss with your insurance company whether they will negotiate a settlement or provide coverage for the full claim. If there is a potential for personal liability beyond your coverage, consulting a personal attorney is advisable.

4. Document Everything: Keep copies of all correspondence, including the summons and any communications from the plaintiff’s attorney or process server. These documents will be important for your defense.

The plaintiff may be seeking additional information to support their claim or exploring the possibility of a settlement. If your insurance company accepts responsibility for the claim, they will negotiate with the plaintiff’s attorney to resolve the case within the terms of your policy. If liability or damages are contested, the case may proceed to litigation, where your insurance company will provide legal representation for you.

If the plaintiff is claiming damages that exceed your policy limits, you may face personal liability for the excess amount. In this situation, it is important to discuss your options with your insurer and consider retaining a personal attorney to protect your financial interests.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.