Legal Question in Civil Rights Law in California

Summons

How can someone sues, for an accident that they were at fault, my daughter was involved a car accident that the police report did not cite her. A car cut in front of her, and one of the occupants die, it was a boyfriend fighting with his girlfriend, he ended up under the girlfriends car. Our car was close to total, we were given the option to declare it a loss or repair it, and we chose to repair. Her insurance cover all the repairs. But now a year later she has served me and my daughter with a summons. Me because I am the requested owner. My question is what options do my daughter and I have. My daughter is only 19yrs., a student, I don�t have money


Asked on 8/12/01, 2:53 am

1 Answer from Attorneys
Stephen Gibbs Law Office of Stephen Gibbs

Re: Summons

First, anyone can file a lawsuit against you for ANYTHING as long as they have the filing fee and some paper. That doesn't mean they can prove their case.

You are in a very complex situation which is beyond my ability to inform you about every detail on this service. The main points, however, are

(1) IMMEDIATELY FORWARD A COPY OF THE LAWSUIT TO YOUR INSURANCE COMPANY, TODAY! IF YOU HAVE AN AGENT, BRING IT TO HIS OFFICE TODAY AND GET A RECEIPT SHOWING HE RECEIVED IT. YOUR INSURANCE COMPANY IS RESPONSIBLE FOR HANDLING THIS. If you don't have an agent, call the "800" phone # on your proof of insurance card and get the address to mail it to. If you are close to the 30 days, use overnight express mail with proof that they received it. You and daughter have ONLY 30 DAYS from the date you received the lawsuit for a reply, called an ANSWER to be filed. If an Answer is not filed within 30 days, your "default" can be taken by the plaintiff and you you can lose no matter what the facts were.

(2) If you do not have insurance, contact a local attorney TODAY. If you don't know one, call the Bar Association in your city or county TODAY. If you are located in the SF Bay area, you can call me at 408-295-8282 for more advice.

DO NOT WAIT, DO THIS TODAY!

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Answered on 8/13/01, 1:52 pm


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