Legal Question in Personal Injury in Maryland

Being Sued while unemployed and Disabled

I was served a summons on 2/5/04 to appear for Deposition.The Deposition is scheduled for 2/11/04.Plaintiff is claiming injury due to an accident that took place 4 years ago. No police report was taken,they were never called because we both got out of the vehicles,looked at vehicles to access damage and drove off.I am currently on State Medical Assistance,Food Stamps,Emergency Cash Program and have filed for disability with Social Security due to a car accident I was in June 2003.I can not afford to retain a lawyer as I have no income,I have contacted legal aide in Md.,Pro-Bono Attorneys etc. and was told they don't handle traffic cases if you had insurance and I did.What can I do to get legal assistance?Should I appear for deposition with out legal representation?


Asked on 2/10/04, 3:39 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Being Sued while unemployed and Disabled

As soon as you received the suit papers, you should have contacted the insurance company with whom you were insured at the time of the accident. Do it right away. They are obligated to defend you and to pay any judgment awarded against you in the case, up to the policy limit. If you were at fault they can negotiate a settlement which they will pay.

You should call the plaintiff's attorney and try and postpone the deposition so your insurance company has time to get involved. Hopefully it's not too late, because if they take the position that you've violated your duty to notify them in a timely manner of a claim, they could refuse to protect you under the policy. From the scenario you've presented, I don't think they've been prejudiced at this point.

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Answered on 2/10/04, 4:39 pm


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