Legal Question in Civil Litigation in California

Re: Is this all legal?

You should also send the lawsuit over to your husband's insurer (if it is different than yours).

A.S.A.P. Good luck and thanks for your question.

Re: Is this all legal?

Likely, but you need an attorney on such a matter.

Re: Is this all legal?

You have been served. Turn it over to your insurance company immediately. If uninsured, hire an attorney to defend you. If you ignore this, a default judgment will be entered against you. IF you need an attorney, feel free to contact me to discuss.

Re: Is this all legal?

She will have to mail an additional copy to your home for your husband. The proof of service on the back of the old summons need not be filled out before they were handed to you. You are probably accused of negligently permitting your husband to drive the car. You should talk to your insurance carrier to see if they could defend you, at the very least. Good luck, and I hope the person he hit wasn't badly hurt.

Re: Is this all legal?

It appears that there are some technical violations with the service of process. For example, before serving you on behalf of your husband, the process server was supposed to try and serve your husband personally. Only upon several unsuccessful attempts, she should have served it upon you and mail a copy for the service on your husband to be complete. Also, not completing the bottom portion of the summons is a technical violation.

However, these are very minor violations which the court will most probably overlook even if you try to challenge it. So do not waste your time on the minor issues. Rather, you should focus on your own insurance carrier where the real damage control can be done. It appears that your carrier did not settle with the victim, hence the lawsuit.

You need to protect yourself pronto, and this is how you should do it.

First, write a letter to your insurance carrier and state that you were served with the lawsuit. Attach a copy of the lawsuit to your letter and mail it via certified mail. Keep copies of all your letters to your insurance carrier. In your letter request your insurance carrier to settle your case within your policy limits. Tell your carrier that you are worried about personal exposure in excess of your policy limits and that you do not want to go to court. After all your husband was drunk and he hit someone, so they should pay whatever it takes within your policy limits to settle the matter.

Second, since your insurance carrier will assign an attorney to defend you (more properly their own pocket book) in this lawsuit, ask your insurance carrier whether or not you need your own independent lawyer, one who is not hired, selected or dependent on your insurance carrier.

Third, check the complaint to see if the plaintiff is asking for punitive damages, which I am almost sure is the case. If so, your carrier is not required to pay for punitive damages if the matter is adjudicated. So, it will be your husband's duty to pay for it. Hence, the incentive to settle and not fight this matter should be controlling.

Fourth, it is very important to keep a paper trail with your carrier and pressure them into settling within your policy limits while there still is a chance. If your carrier drops the ball and refuses to settle and you lose over and above policy limits, then you will have a cause of action against your carrier for bad faith refusal to settle.

Good luck and let me know if you have additional questions.