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Hello, I’m a UK citizen residing in the UK,
BACKGROUND
In September 2010, I was involved in a car accident in Nevada in a rental car. Basically I ran in to the back of someone who now has an injury. Police attended and I was cited for failing to pay full attention to driving.
I have liability insurance cover for up to one Million USD that was purchased at the time of rental.
In August 2012 I was served a complaint & summons. I contacted the rental company who said they would file with the Nevada court on my behalf, which they have done.
We have been exchanging details and responding to ‘discovery’ etc. and Have tried to settle out of court, but the plaintiff isn’t budging and feels the case is worth much more than it really is.
My attorney in the US has told me I will have to appear in court later this year if a settlement is not reached. I don’t think a settlement will be reached.
QUESTION
My question is, and I’m not looking for a ‘right thing to do’ answer here, but one of… What happens if I don’t turn up? I realise for the defence case it looks bad, BUT, what are the legal implications for me?
I have read some parts of the ‘Hague convention’. One part tells me that they cannot pursue punitive damages (Not that there would be cause to) However another part seems to imply that if I were not in the US at the time of judgment or in the court at time of judgment that the debt in the likelihood of a plaintiff win could not be chased in the UK. Is this true?
In light if my very long question above, what other implications might there be if I merely tell my US attorney that I will not be attending. I want to do the right thing, but at the same time, this whole nightmare of being sued is taking its toll on my sanity and health and I just want them to sort it out with a settlement.
Many thanks for any response.
BACKGROUND
In September 2010, I was involved in a car accident in Nevada in a rental car. Basically I ran in to the back of someone who now has an injury. Police attended and I was cited for failing to pay full attention to driving.
I have liability insurance cover for up to one Million USD that was purchased at the time of rental.
In August 2012 I was served a complaint & summons. I contacted the rental company who said they would file with the Nevada court on my behalf, which they have done.
We have been exchanging details and responding to ‘discovery’ etc. and Have tried to settle out of court, but the plaintiff isn’t budging and feels the case is worth much more than it really is.
My attorney in the US has told me I will have to appear in court later this year if a settlement is not reached. I don’t think a settlement will be reached.
QUESTION
My question is, and I’m not looking for a ‘right thing to do’ answer here, but one of… What happens if I don’t turn up? I realise for the defence case it looks bad, BUT, what are the legal implications for me?
I have read some parts of the ‘Hague convention’. One part tells me that they cannot pursue punitive damages (Not that there would be cause to) However another part seems to imply that if I were not in the US at the time of judgment or in the court at time of judgment that the debt in the likelihood of a plaintiff win could not be chased in the UK. Is this true?
In light if my very long question above, what other implications might there be if I merely tell my US attorney that I will not be attending. I want to do the right thing, but at the same time, this whole nightmare of being sued is taking its toll on my sanity and health and I just want them to sort it out with a settlement.
Many thanks for any response.
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