Legal Question in Personal Injury in Massachusetts

Re: Summons/copy of your answer

Assuming that you have sufficient automobile insurance, your insurance company has a duty to defend against law suits like this. Once they are notified of the claim, they will defend the lawsuit on your behalf. They are only responsible, however, to the extent of the policy limits.

You should immediately contact your insurance company, and forward the complaint and summons to them for further action.

If you have any further questions, please do not hesitate to contact me.

Re: Summons/copy of your answer

For the most part, the insurance company should be notified immediately. You can also seek a second opinion.

Re: Summons/copy of your answer

Your son should call his insurance company right away.

Re: Summons/copy of your answer

Sounds like you should give the summons to your insurance company for handling. There is a rule called the compulsory counterclaim rule which would ordinarily require him to bring his own claim back against the other motorist in this suit, but there is an exception of automobile claims covered by insurance. Nonetheless, if the suit brought by the other motorist goes to trial first it could establish fault and could be binding (good or bad) on your son's own case. So, you should tender the suit papers just received to your insurance agent or insurance company, and you should probably seek personal counsel. If your son does not have $2,000 in medical bills or a fracture he may not have a personal injury claim. Regards, jbs