Legal Question in Insurance Law in California
general denial
I am being sued for a traffic accident. I was served papers. i was advised to send a general denial form to the plaintiff. What is a general denial and what will happen once it is filed?
2 Answers from Attorneys
Re: general denial
First, give this to your auto insurance. It is why you pay them. Let them deal with it.
Second, if you do not have auto insurance, you should talk to an attorney. A general denial may be the right thing to file, but it may not be. You need to have legal advice before filing anything with the court.
Re: general denial
Before you file a general denial/answer, you should tender this to auto insurer (if you have one). Notifying them late may jeopardize any potential for coverage. If covered, an attorney will be appointed to represent you.
If you do not have insurance and the claim is significant, I recommend that you hire an attorney. The rules of civil procedure, particularly discovery, are complicated.
If you cannot afford an attorney, try your local county bar association or law library. They may be able to put you in contact with legal aid or the resources needed to represent yourself.
As for requested form, go to:
http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf
A General Denial is a kind of answer or responsive pleading. Besides the general denial, you will likely want to include some affirmative defenses.
For self-help assistance, go to:
http://www.courtinfo.ca.gov/selfhelp/
Good luck.