Legal Question in Civil Litigation in Indiana

Re: Car accident September 24, 1997

The judgment is good against you. You should have turned the matter over to your insurance company when the accident happened. Judgments from one state are honored by other states. He can execute against you in Indiana. Your insurance company could deny your claim for failure to cooperate, meaning you should have told them when the accident happened. Have your insurance company see if they can handle it for you. The judgment is good for at least 10 years and renewable on a simple request to the court.

Re: Car accident September 24, 1997

I assume from your question that a judgment was entered against you in W. Virginia in June 2001, for damages in an accident that happened in 1997; you were insured at the time of the accident. So your insurance company at the time has a duty to defend you against the claim and pay the claim if it is covered on your policy. They don't have a duty to defend, however,if they are not promptly notified about it. In this case, it is possible that you were not properly served with the complaint; and even if you were properly served, you were excusably negligent in not responding to the complaint. Therefore, immediately tell the insurance company which covered you in 1997 about the accident, the claim AND the lawsuit and judgment and be sure to explain to the insurance company that this January 2 notice is the first you ever received about the case. They should be able to hire lawyers who can get the judgment set aside. Next, obtain a copy of your 1997 policy and send it to the BMV and explain that you were properly insured. Maybe they will restore your license. The case does not need to be filed in Indiana, since the accident happened in Virginia. The Virginia judgment, as you have already noticed, can be enforced in Indiana. If the insurance company declines to perform its duty, then you should consult with a real lawyer about making the insurer pay for its unrighteousness.