Someone is suing ME personally after my son caused a minor fender-bender — is this normal??
I'm honestly in shock and could use some perspective from people who've been through something like this.
Back in the spring, my son was driving my car (he's on my policy) and tapped the car in front of him at a stoplight, which then bumped the car ahead of that one. We're talking maybe 5–10 mph. Nobody called an ambulance, all three cars drove away, my son said everyone seemed annoyed but fine.
Fast forward a few months — I get served with legal papers. The driver of the third car (the one my son didn't even directly hit) has hired an attorney and is now claiming serious injuries worth way more than my policy limits. Now apparently they're coming after me personally on top of the insurance claim.
My insurance assigned us a defense attorney, which I guess is standard, but I'm terrified. We genuinely believe this is being massively exaggerated. The person was standing outside chatting on their phone at the scene — I have my son's word on that, though we didn't think to document anything at the time (lesson learned the hard way).
A few things I'm wondering:
- Is it common for people to sue the individual and not just the insurance?
- Does my insurer actually defend me in the lawsuit, or just the claim?
- Is there any recourse if this turns out to be a completely inflated claim?
I live in a no-fault-adjacent state so I genuinely don't understand how any of this works. I feel like I'm being punished for a fender-bender that didn't even leave a scratch on anyone. Has anyone dealt with anything like this?