They are suing me for an amount that I don''t feel is fair as well as for the deductible that the other party paid. The police report doesn''t correctly show nor state what actually happened.
If you have been served with a copy of a lawsuit you should immediately contact your automobile insurance company. You have 30 days to answer the complaint or file for an extension to answer. If you do not file an answer, and entry of default may be entered against you, essentially admitting all of the allegations in the plaintiff's complaint.
Your insurance company will hire an attorney to defend you. They will file an answer on your behalf and will protect you up to the limits of your insurance. You have the duty to cooperate in your defense with the attorney that the insurance company hires to defend you. Failure to cooperate could affect your coverage. Notifying them of the lawsuit is the first step.
Civil lawsuits for damages in automobile accidents are filed in either District Court or Superior Court. when a claim is made for a sum in excess of $10,000 it is put in Superior Court. No specific amount above the $10,000 is pled. Claims for a sum $10,000 or less are filed in District Court. That could mean anything from a dollar up to $10,000. Just because the complaint seeks a sum of $10,000 does not necessarily mean that is the claim.
If your attorney determines that a settlement offer should be made, and it is within your policy limits, the insurance company will pay on your behalf. You would only be responsible to personally pay anything if a judgment exceeds your policy limits. If this is a possibility, the attorney hired by the insurance company will advise you that you may hire your own attorney as well.
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