Legal Question in Insurance Law in California

Hi my name is Christina and I reside in Modesto, CA which is in Stanislaus County and a Summons and Complaint was served at my residence on Sept. 6th, 2015. It was NOT handed directly to ME!! It was handed to my Cousin who was there visiting. I am being sued by an insurance agency for property damages caused by a collision involving a vehicle of mine. However, this vehicle was STOLEN at the time this incident occurred and I did report it as stolen to the Modesto Police Dept. I only had liability coverage on the vehicle at the time of the collision and I never did report it to my insurance company as I knew that my car wouldn't be covered for repairs. I also had no knowledge at that time that I would be getting sued as a result of this collision which was a result of my vehicle being stolen and driven by thieves whose identities are unknown to me. My car was totaled so I ended up selling it to a wrecking yard for $200 and I didn't continue payments on my insurance policy for the vehicle. I don't feel that I should be held accountable for the actions of others who STOLE my car and wrecked it w/out my knowledge or consent to even use my car in the first place!! What can I do about this??? I know that I need to respond to this within 30 or 40 days which the 30 day deadline is I believe Oct. 6th and the 40 day deadline is Oct. 16th. I'm just a little unsure of which forms I need to complete and file w/ the clerk...Could you plz let me know ASAP as I only have until tomorrow to file papers if my deadline is 30 days!! Thanks so much for your time w/ this matter. I really do appreciate it!! I look forward to hearing from you shortly...

Sincerely,

Christina


Asked on 10/05/15, 6:24 am

2 Answers from Attorneys

The very first thing you should do is call the attorney who is suing you and ask for 15 days extension for time to deal with your insurance company to obtain legal counsel and file a response. No even moderately ethical attorney will refuse that request, because if you make that request and they deny it and take your default, not only will an attorney be able to get the default set aside for you, the court will sanction the plaintiff's attorney for it. Judges just don't have time for people who try to play hardball games like that.

The next thing you must do is call the insurance company that covered your car at the time of the accident. It doesn't matter that you later let the policy lapse. If it was in effect at the time of the accident, you should be covered. They will provide you with a lawyer who will take care of filing your responsive papers for you.

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Answered on 10/05/15, 10:03 am
Steven Murray Steven W. Murray, APC

Mr. McCormick is right to get an extension, and if you can confirm your call with a letter or an email. But you are mistaken about your being uninsured - you are covered because a claim for damage to someone else's property is a liability claim against you. The liability insurance you bought covers that. Whether or not your own car is covered for collision is a totally separate subject and has no effect on coverage for damage you allegedly caused to someone else.

Call your insurer immediately and send/fax/email them the complaint. There will be questions but the insurer will probably step in right away. Good luck.

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Answered on 10/06/15, 3:41 pm


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