Legal Question in Civil Litigation in Louisiana
My 21 yr. old son was involved in an auto accident and was at fault. Our insurance co. has been haggling back and forth with the attorney for the other driver. He was compensated for damages to his vehicle, medical payments, etc.. but apparently he is not satisfied with the amount they want to give for pain and suffering, etc. My husband was just served with a subponea for a civil lawsuit, no my son. I'm so upset. What should we do?
2 Answers from Attorneys
Your insurance company has a duty to defend the lawsuit. Your husband must have received the subpoena as a witness. He should appear at the time and date indicated. If he has been served with a lawsuit-you will need to answer within 15 days and should bring the papers to an attorney. If your son is still under your policy, contact your insurance company so that they can answer if it is a suit.
Nothing except tell you insurance company if they do not take care of this immediately you will go to the insurance commissioner and sue them for damages and attorneys fees. They must pay an attorney to represent your son but I do not know why your husband would be sued unless he owns the vehicle. I hope you had more than the minimum coverage, but regardless, the insurance company must defend you.
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