Legal Question in Personal Injury in California
Sued By Auto Insurance Company
I just found out the insurance company is suing me.I moved so I wasn't served. They now are trying to enter a default judgemnt on the 18th but when I spoke to a clerk she said the judgement was already entered and there's nothing I can do. Is that true there's nothing I can do at this point? It was an accident that took place in 2002 where I was found at fault.My policy was cancelled by mother, we thought coverage went through end of the month,instead they refunded money back to us and I actually had the accident about two or three days after the policy was cancelled.According to them I was not insured. Also under disposition it says Vacated, what does that mean?
3 Answers from Attorneys
Re: Sued By Auto Insurance Company
You have six months from the date the default was entered to file a motion to set it aside under CCP section 473. You have good grounds to set the default aside, since you moved and likely did not receive notice of the default.
If you do set it aside, you will have a chance to negotiate a reasonable settlement. If not, you will have a judgment against you which could affect your credit, etc.
Good luck.
Re: Sued By Auto Insurance Company
All is not necessarily lost. You must immediately try to set aside the default, and time is of the essence. If the judgement amount in question justifies hiring an attorney rather than just paying it, feel free to contact me, if the case is in SoCal.
Re: Sued By Auto Insurance Company
You need to go down to the court immediately and get a copy of the file. If a default judgment has been entered, there would be a hearing to determine the amount of the judgment. That may occur on the 18th. But, you say you weren't served. You may have been served by publication and could potentially set this aside on that grounds. However, you need a copy of the court file before anyone can tell you if that would be successful.
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