QUESTION
What are the repercussions for me for not showing up to court?
Asked on Feb 13th, 2014 on Personal Injury - Indiana
More details to this question:
I was in car accident two years ago. It was a minor fender bender with no damages to the car. The people I hit went to a chiropractor and are trying to sue for $7000 (3500 each person). My insurance company knows it is fraud, so they are fighting it. I've cooperated and did the deposition, and my lawyer said I shouldn't have to come back. It's 3 hours away. My lawyer sent a letter telling me about when the court date was because it had been rescheduled. I have called numerous times to confirm that I did not have to be there, and they always said they would get back to me but never did. They called me today saying I have to be there next Thursday and Friday. My job requires a two week notice for days off, plus finding babysitter and everything else on short notice. Are there any repercussions for me not showing up that will affect me?
8 ANSWERS
Edwin K. Niles
Yes, your insurance co. could deny coverage based on failure to cooperate. Tell them to issue a subpena to you; your employer will have to recognize the subpena.
Answered on Feb 18th, 2014 at 8:00 PM
Your insurance contract most likely has a clause in it stating that you must cooperate with your legal defense. If you do not, potentially they could claim you broke the contract and they do not have to follow through on their part of the contract - paying for damages. Then, if the Court ordered damages to be paid, you would be personally responsible. If liability (fault for the accident) is not an issue, your participation at trial is not as crucial. But, you should be certain to contact your lawyer to assess this.
Answered on Feb 18th, 2014 at 7:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A judgment will likely be entered against you And your insurance co may not pay the judgment because you did not cooperate. Lots of possible repercussions.
Answered on Feb 18th, 2014 at 7:58 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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There may be repercussions regarding your insurance coverage if you don't show up. Most insurance policies require that you cooperate fully in the defense of your case. If you don't show up for the trial they may argue that you didn't fulfill your obligations under the policy. I'd suggest notifying your attorney in writing that you weren't given sufficient notice, that you can't get off of work, and that you can't appear for trial without a subpoena. Then at least they'll subpoena you and your employer will have to let you off without any disciplinary action.
Answered on Feb 18th, 2014 at 7:56 PM
James Eugene Hasser
Yes, you could have a judgment entered against you and because you failed to follow your lawyer's instructions and show up, the insurance company can possibly get out of having to pay it. Do what your lawyers tell you. Good luck.
Answered on Feb 18th, 2014 at 6:25 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You have a duty to co-operate with your insurance. If there is a possibility that a Judgment may be taken against you in excess of your policy limits you must reach out to your defense counsel. Generally your insurance company will also reimburse you your expenses associated with your showing up in court. Contact your defense attorney.
Answered on Feb 18th, 2014 at 6:24 PM
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You may be violating the cooperation clause of your insurance agreement. As a result, the insurer may be able to claim that you have waived coverage. Bottom-line is that you may be risking being personally liable for any judgment.
Answered on Feb 18th, 2014 at 6:18 PM
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There might be repercussions, so I would start looking for a way to get to court next week, if I were you. Your insurance company has the right to expect you to cooperate with the defense of the case. Your lawyer told you about the trial date. I would not try to duck out of things at this point, if I were you.
Answered on Feb 18th, 2014 at 6:18 PM