My question involves an injury that occurred in the state of: PA
My son gets in an accident. His 2007 Honda Accord is totaled due to front end damage even though the struck an 88 Ford E150 only has damage to the rear bumper and 4 flats according to the police report but no citations issued or photos taken. My insurance claims agent says the third party (limited tort) is making a claim but closes it a month or so later because of lack of response from the attorney.
The last day in the statute of limitations (2 years and 1 day, due to holiday) the third party attorney files a Civil Complaint in the Arbitration Courts and attempts to Service the Complaint to my son and wife (car owner) through the Sheriff's Office but it is returned with a reason that he was attempting Service with the wrong County. Within 30 days of the original court date he attempts to Service the Complaint through the Sheriff's Office in the Correct County. At the Arbitration trial the Attorney files a Continuance for the following reason: "The Defendant is avoiding service or has relocated without providing forwarding mailing information." The Continuance is granted for 60 days and we get a Notification of Arbitration in the mail with absolutely no explanation whatsoever, just a date, time, location and phone number if questions. I call and they say it's for a traffic accident and I should contact my Insurance company which I do. Big Mistake!
I'm furious at my Insurance Company that my wife, son and I are potentially going to lose a day at work because this wasn't settled 2 years ago. Meanwhile I meet with the Arbitration Director regarding the lawyers falsified continuance but she gives him the benefit of the doubt and I proceed to the Office of Disciplinary Counsel in the Superior Courts. My Insurance company settled with the third party attorney the day of or before the arbitration hearing for less that $10K, most of it, property (88 Ford E150)! Only a small amount is Personal Injury although "Serious Injury" is required for a suit if limited tort.
OK, here's my beef: We were never successfully serviced the Complaint so technically the claim was not yet official. The Arbitration Director said we didn't even have to appear despite the Notice. But the Insurance Company, aware of my efforts, proceeded with the strange settlement anyway. Had they waited, the Lawyer may have not been able to file his Continuance and the Case could have been closed forever. How can the Insurance Company settle a Claim that I haven't even officially received yet? It's not about the money; it's about the unethical, maybe even criminal, lawyer and the arrogant Insurance Company who thinks they can do whatever they want, whenever they want, completely disregarding their client every step of the way.
My son gets in an accident. His 2007 Honda Accord is totaled due to front end damage even though the struck an 88 Ford E150 only has damage to the rear bumper and 4 flats according to the police report but no citations issued or photos taken. My insurance claims agent says the third party (limited tort) is making a claim but closes it a month or so later because of lack of response from the attorney.
The last day in the statute of limitations (2 years and 1 day, due to holiday) the third party attorney files a Civil Complaint in the Arbitration Courts and attempts to Service the Complaint to my son and wife (car owner) through the Sheriff's Office but it is returned with a reason that he was attempting Service with the wrong County. Within 30 days of the original court date he attempts to Service the Complaint through the Sheriff's Office in the Correct County. At the Arbitration trial the Attorney files a Continuance for the following reason: "The Defendant is avoiding service or has relocated without providing forwarding mailing information." The Continuance is granted for 60 days and we get a Notification of Arbitration in the mail with absolutely no explanation whatsoever, just a date, time, location and phone number if questions. I call and they say it's for a traffic accident and I should contact my Insurance company which I do. Big Mistake!
I'm furious at my Insurance Company that my wife, son and I are potentially going to lose a day at work because this wasn't settled 2 years ago. Meanwhile I meet with the Arbitration Director regarding the lawyers falsified continuance but she gives him the benefit of the doubt and I proceed to the Office of Disciplinary Counsel in the Superior Courts. My Insurance company settled with the third party attorney the day of or before the arbitration hearing for less that $10K, most of it, property (88 Ford E150)! Only a small amount is Personal Injury although "Serious Injury" is required for a suit if limited tort.
OK, here's my beef: We were never successfully serviced the Complaint so technically the claim was not yet official. The Arbitration Director said we didn't even have to appear despite the Notice. But the Insurance Company, aware of my efforts, proceeded with the strange settlement anyway. Had they waited, the Lawyer may have not been able to file his Continuance and the Case could have been closed forever. How can the Insurance Company settle a Claim that I haven't even officially received yet? It's not about the money; it's about the unethical, maybe even criminal, lawyer and the arrogant Insurance Company who thinks they can do whatever they want, whenever they want, completely disregarding their client every step of the way.
Traffic Accidents: Can an Insurance Company Settle an Accident Lawsuit Before the Plaintiff is Served
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