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.


Asked on 8/17/01, 4:10 pm

2 Answers from Attorneys

Patty Lewis Law Office of Patricia Ann Lewis

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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Answered on 8/18/01, 11:22 pm
Stephen Gibbs Law Office of Stephen Gibbs

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.

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Answered on 8/17/01, 8:57 pm


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