Legal Question in Civil Litigation in California
Car Accident - Being Sued
BF was in an acciident 8/11/00...his fault, rear-ended a vehicle.
Police report filed, parties said they were not injured, Volvo was
not badly damaged. Insurance company handles from there. No
contact between parties until a summons was deliver on 8/11/01.
Party is sueing for $25,000 in property damage, loss of wages, medical
etc...BF calles attorney at work who said to send the summons to the
insurance company. BF has no paperwork (ie..police report, claims filed &
paid, correspondence between plantiff and insurance company).
How should this be handled? Does he need to retain an attorney? Should
he forward to the insurance company? Can he ask the insurance company
for all pertinent paperwork? He has until 9/11/01 to file a response with the
court.
2 Answers from Attorneys
Re: Car Accident - Being Sued
BF should contact his insurance agent who represents BF for initial claims procedures . . . deliver the summons & complaint to the agent by certified mail, return receipt requested, or by personal delivery or some form of receipted delivery promptly . . . the automobile insurance company will hire counsel to defend BF in the case . . . by all means BF should make a copy of the summons & complaint for his own records . . . if he wants . . . BF could ask for the insurance company to provide him with all investigative and other documents . . . definitely ask for a copy of the responsive pleading to be filed on BF's behalf and the name/address/tele of the attorney hired by the insurance company to represent BF . . . Good luck . . . pal . . . :-)
Patricia Ann (Patty) Lewis
1202 Kettner Boulevard, Suite 4400
San Diego, California 92101-3386
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Thank you.
Re: Car Accident - Being Sued
BF:
AFTER MAKING A COPY FOR YOUR FILES AND IN CASE IT'S LOST IN THE MAIL, SEND THE SUMMONS AND COMPLAINT (LAWSUIT) TO YOUR INSURANCE COMPANY ASAP BY CERETIFIED MAIL, RETURN RECEIPT TO THE ADDRESS LISTED FOR SUBMISSION OF CLAIMS IN YOUR POLICY OR ON RENEWAL STATEMENTS.
THIS IS WAHT YOU PAY INSURANCE FOR, YOUR INSURANCE COMPANY HAS TO DEFEND YOU. THAT'S WHAT YOU PAID PREMIUMS FOR. STOP SCREWING AROUND AND DO IT. CALL THEIR ACCIDENT REPORT PHONE # TOMORROW TO BE SURE WHERE YOU SHOULD SEND IT.