Legal Question in Personal Injury in California

Re: What next?

Assuming service was proper, you can request that a default be taken against the defendant. However, prior to doing so, if the lawsuit is filed in unlimited jurisdiction of the Superior Court of the State of California, you must serve a Statement of Damages on the defendant before a default can be entered. If you filed in limited jurisdiction, a Statement of Damages is not necessary. Once a default is entered,you then have to request a hearing date to prove up the default. BUT, what I would do is mail the insurance company for the defendant a copy of the law suit and the proof of service, and tell them to answer or you will request the default.

Re: What next?

First, request an entry of default against the defendant, and the entry of a default judgment (get the court forms}After you get your judgment you can contact the insurance company, but they may well raise the defense that their contract excludes their liability if their insured does not cooperate in defending itself, which means that you might have to allow the insurance company to defend your law suit, in order to get a judgment which is enforceable against them.

Re: What next?

Call the insurance adjuster, tell him/her of the situation and that you are prepared to file a default.

Tell the adjuster that you would like to fax the summons, complaint and proof of service to him/her... and, if you did so, when could you expect to receive an answer to the complaint?

If s/he refuses to accept the fax, you must proceed with a default - assuming that your service was proper.

Good luck...

Re: What next?

File for a request for default. However, you will most likely be met with a motion to have a default set asside. If not, there will be a prove up hearing. In either case, you would be well served by obtaining representation. Do not try it yourself, it is always cost effective to get an attorney, I have always earned my fees and my clients gladly agree. This may be a matter that an attorney would take on a contingency basis. Please call me directly at (619) 222-3504.

Re: What next?

File a request to enter default (it is a form you just fill out) RIGHT AWAY. Thereafter you will have to submit declarations and possible live testimony to "prove up" your damages and request an award. Thereafter, you "collect" on the judgment. We do both personal injury and collections.

Joel Selik

800-894-2889