Being Sued For Injuries A Year And A Half After A Car Accident

LOCATION: GEORGIA

MODS: I didn’t see a flair I thought fit my question, please advise if there is a flair appropriate for my question.

I was in an accident 09/18/2023. A guy clipped my back end coming around a corner when I was pulling out. He was already in a leg cast, claimed he was fine, I was also fine. Speed limit was 25 and he claimed he was wearing a seat belt. He had his kid in the car who was also unharmed. He mentioned to me he was in a hit and run accident a week or so before our accident (I don’t know if this is true or not but it’s what he mentioned to me). No air bags deployed. My car has no structural damage and I was able to drive away from the accident. Both his front tires were flat and he had to be towed. I was cited for failure to yield. I plead NOLO as I was required to go to court for this type of ticket. When I read the police report I noticed his tags were also expired but he wasn’t cited.

The police report states twice that there were no injuries reported. No one was seen by an ambulance and no one was taken to the hospital or requested to be seen at a hospital. He was up walking around. We waited almost an hour and a half for the police to show up. He was up and walking around the entire time including when the officer showed up. Claim was closed in October of 2023 and he was paid out for his car.

January 17, 2025 my insurance was sent a letter from an attorney saying he is suing for injuries he claims resulted from our wreck. He is suing for $50,000 but it states that if our maximum is higher they are suing for that. They are wanting a Limited Release (unsure what this exactly will mean if he wins). They require an answer within 30 days. We weren’t made aware of the letter until February 12, 2025 and when I tried to call the claims specialist who is assigned to the case she’s out of the office until February 17, 2025 so we won’t be able to give them an answer within those 30 days. No other claims specialist was willing to help or discuss it as they weren’t assigned the case/don’t know much about it. There are NO dates listed for any of the injuries or when he was seen by the listed medical places.

The injuries reported are: CERVICAL IMAGING REVEALED A HERNIATION AT C5-C6 LUMAR IMAGING REVEALED BULGING AT L3-4, L4-5 AND A HIERNIATION AT LS-S1

Here are some of my questions as my mom and I have NEVER been in a situation like this. 1. What is a limited release and what does this mean if he wins this? 2. What can I do to fight this? 3. I believe his injuries happened BEFORE our accident, he was already in a leg cast when we wrecked. Can I request his medical records to see why he was in a leg cast? 4. If he was injured in a car accident before our accident but he wasn’t driving or it was his car is there anyway I can find that out? 5. Why is he suing a year and a half after the accident? 6. If he really did have those injuries that are stated would he really be up walking around? 7. What if he got in some other accident (not necessarily a car but like falling down the stairs something else) that caused his back injuries after our wreck? 8. Since his kid was in the car wouldn’t the kid also have injuries if he claims he got such bad injuries from our wreck? 9. Since his tags were expired can I claim that he shouldn’t have been driving and that this accident would have never happened if he wasn’t driving since he had expired tags? 10. Are these injuries possible if he was wearing his self belt? Are these injuries possible at 25 MPH? If not can I still be sued if it’s found that he wasn’t wearing a seat belt or that he was speeding to receive these injuries?

Thank you SO much in advance. PLEASE ask any questions you may have or if you need anything clarified.