Other driver is suing ME personally 2 years after the accident — can they actually do this?

Oh man, I went through something eerily similar — other driver came out of nowhere with new claims way after the fact. The first thing I learned the hard way: call your insurance company immediately and tell them you've been served or threatened with a lawsuit. Don't wait. They have an obligation to defend you under your policy (up to your liability limits) and they need to know ASAP. My insurer actually assigned me a defense attorney at no cost to me once I reported it properly.

The timing here is classic. Two years of silence and then suddenly all these new conditions appear? I'd be very skeptical. Plaintiff attorneys sometimes sit on cases hoping the other side gets complacent or the statute of limitations deadline forces a settlement. Document absolutely everything — your own medical records, your original accident report, any photos from the scene. Don't assume your insurer is fully in your corner either; their interests and yours can diverge when big numbers come up.

Speaking from inside experience — when late-breaking injuries get added to a claim that was already settled on the property side, adjusters do look hard at whether those conditions appear anywhere in the original ER or urgent care notes. If her initial medical records are clean of these new claims, that matters a lot. Also: your dad being served because it was his vehicle is actually pretty standard. It's called a 'negligent entrustment' angle sometimes. He should absolutely loop in your insurance company too since it was his car.

A couple of practical things: 1. Send everything to your insurer in writing — don't just call, follow up with an email or letter so there's a paper trail that you reported the lawsuit promptly. 2. Your dad may technically need to notify his insurance (if the car was on his policy) separately, depending on how the suit is worded against him. 3. Gather every scrap of documentation from the original accident — police report, any photos, your urgent care records. Your insurer's defense attorney will want all of it.

I just want to say — I'm so sorry you're carrying all of this. You're the one with the serious injury from this crash and now you're the one being sued. That feels so backwards and unfair. Please lean on people around you right now and try not to let the anxiety eat you alive. You have insurance for exactly this kind of situation.

Three things, bluntly: (1) Call your insurance company today — not tomorrow, today. (2) Don't post details about the accident anywhere public, including here. (3) Do not respond to the other driver's attorney without your own representation in place. Everything else can wait. Those three things cannot.

Quick question — when the insurance companies paid out originally, did you or your dad sign any kind of release? Because sometimes when a settlement check goes out on the property damage side people assume that closes everything, but bodily injury claims can stay open separately. If no release was signed on the injury portion, that's probably how she still has standing to sue. Worth confirming with your insurer exactly what was and wasn't resolved.