Legal Question in Civil Litigation in Texas
law suit filed after insurance settlement
My 75 year old aunt was the driver in an auto accident in April 2002. She accidentally swerved into oncoming traffic and was found at fault. She and the other driver had the same auto insurance company coverage and she is actually covered under her son--name removed--auto policy. She understood the other party had settled and everything was over. Now she is receiving a summons that she is being personally sued for permanent injury to the child in the other car. She has faxed and sent all the paperwork to Farmers on this lawsuit,but has not heard anything. Help, please! Shouldn't she be looking for an attorney to represent her interest? She is thinking that Farmers will handle everything for her. The trial date is coming up in less than 20 days in another county (Webb). I am very concerned for her. Thank you. Concerned niece
3 Answers from Attorneys
Re: law suit filed after insurance settlement
The main thing that your aunt needs to do is be certain that the papers actually have been received by the insurance company. Also, contact the insurance company to get the name of the attorney that the insurance company has hired to defend her in the lawsuit. The 20 days that you mention most likely is the answer date. In state district court in Texas the answer date is 10:00 a.m. on the first Monday following 20 days after the citation (summons) was served. Contact the lawyer that has been hired, and make certain that the answer is being filed timely.
Re: law suit filed after insurance settlement
Do you know who Farmer has hired to represent her? Make sure they received the letters and document all the phone calls to them.
Re: law suit filed after insurance settlement
The insurance company most likely has a duty to defend her. Here's what she needs to do:
1. Call the insurance company and inform them of what's going on. Write down the names of the people to whom she speaks. While on the phone, get their fax number and mailing address. Also, ask for the name, phone, and fax of the attorney they've hired on her behalf.
2. Fax and mail a confirmation letter to the insurance company detailing what they told you and include copies of the lawsuit and all correspondence.
3. Contact the lawyer they've appointed and send them a copy of everything as well.
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