Legal Question in Civil Litigation in California

Re: answer to a summons

You should give the Summons to your insurance company. If you do not have insurance, you should have an attonrey review the complaint and your version of the accident so he can reply properly. We handle cases throughout California and can communicate by phone and fax/e-mail. Our phone number is 714 363 0220. We can review the complaint.

Re: answer to a summons

It sounds like a civil action. File a "General Denial" with the Court Clerk. This is a form you can buy from the forms clerk for six cents. Then get to an attorney. Better yet, get to an attorney BEFORE you file the "General Denial."

Re: answer to a summons

If you have insurance, you should copy all of the documents and immediately get them to your insurance company. If you don't, feel free to give me a call tomorrow after 11 a.m., and I'll try to help you out. (310) 858-9771 -Robert

Re: answer to a summons

if you were insured at the time of the accident, you must "tender" (i.e. get a copy of the summons and complaint) to your insurance carrier at once.

if you were not insured, you will need to either hire an attorney, or answer the complaint yourself.

Re: answer to a summons

If you have auto insurance, no problem, just send them the summons and complaint (you should have previously reported the accident to them). If not, well, by not buying auto insurance you would be personally liable for your legal fees, plus any damages that might be awarded to the other party, plus your driver's license could be suspended. Sometimes the other party's lawyer will lose interest if you didn't have insurance, if this were to happen you would be lucky indeed. Maybe one of the other attorneys here will help you at a reasonable cost.

Re: answer to a summons

Assuming that you have insurance turn the lawsuit over to your insurance company as you are likely entitled to a defense under your policy.

If you were an uninsured driver it is important you consult with an attorney because while you will likely just file a general denial and your affirmative defenses there are numerous possibilities which need to be considered at this stage, such as:

1. demurrer/motion to strike/motion to quash

2. Removal to fed court (unlikely in small auto because of amount in controversy and fact that both drivers are probably from the same state.

3. motion to change venue- often plaintiff lawyers file complaints in counties which are more plaintiff friendly hoping that defendants won't raise the issue and will just file complaint.

4. Cross complaint- (often seen in a contested liability case, you will affirmately sue the other driver claiming they are at fault.

As you can see a number of possible methods of responding to the complaint exist.

An attorney in your area should be able to look at the facts and determine how best to proceed.

You may even be able to settle the case without having to file an answer.

Anyway good luck to you. Keep in mind that if you are personally served with the complaint you have 30 days from that date to respond to the complaint or a default may be entered preventing you unless it is set aside from contesting the lawsuit.

Re: answer to a summons

Turn it over to your insurance company to defend, immeiately. If you didn't have insurance, you have to defend it yourself, and it isn't a simple form to do so. You need an attorney. Contact me if interested in disussing facts and costs, and your risks.