Legal Question in Personal Injury in New York
How should I proceed?
Today I received a summons to appear in court as a defendant in a case involving an auto accident i was involved in in Nov '02. In this accident there was damage to the plaintiff and my auto. The defendant claims personal injury. The police report states that the plaintiff sustained injury and that her car was damaged. I rec'd a letter from the plaintiff's lawyer later in Nov '02 stating plaintiff's intent to sue. I faxed the letter and the police report to my insurance broker and took no further action after that. The insurance company (not the broker)later sent me letters requesting info. I failed to respond to their requests. Since I failed to respond to my insurance company's request have I forfeited liability protection against the $5 million claim against me? I have no assets at all. If the insurance company does not assume liability, what are the consequences to me? Can I be charged criminally even though this is a civil matter? I have no idea how to proceed. Please help me.
3 Answers from Attorneys
Re: How should I proceed?
No , you cannot be charged criminally. You should hire a private attorney to guide you through the lawsuit which could end up in a money judgment agaisnt you. This certainly would affect you credit standing. Good luck.
Re: How should I proceed?
IMMEDIATELY turn the lawsuit over to your broker and insurance company (the one you have when you had the accident). This should protect you.
As to criminal charges, none should be available as there was no crime.
The suit is probably for more than your coverage limits so theoretically, you are liable for anything above the policy limits.
Feel free to contact me with any questions.
Good Luck
Re: How should I proceed?
your first step is to file a lawsuit against the insurance company for coverage. You should have your own atorney even though you have no assets a judgement lasts 20 years call me at 516 466 LAWS for free telephone consultation
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