QUESTION
What can I do if I am being sued for damages for a personal injury?
Asked on Aug 02nd, 2011 on Personal Injury - Oregon
More details to this question:
I received a legal complaint 2 years after the car accident that I was involved in. The accident happened one month after the plaintiff's first accident, which he incurred physical issues. He is now suing for medical costs and non-economic damages. I have never been sued or served before. I don't have an attorney. I had thought my insurance took care of the accident since I stopped receiving any papers a year ago. Please advice! I do not have any money set aside for emergency or any of this!
28 ANSWERS
2 Awards
As a plaintiffs lawyer, I am certainly not the most qualified to respond to your question however, I suggest that you immediately speak with your insurance carrier that you had coverage with at the time of the accident.
Answered on Sep 19th, 2012 at 10:37 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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If you were covered by insurance at the time of the accident then then your company has a contractual responsibility to represent you in this lawsuit and to indemnify you for damages up to the limit of your policy. You should contact your insurance company, send them a copy of the complaint and ask for a copy of your policy.
Answered on Aug 06th, 2011 at 9:46 AM
4 Awards
Your automobile insurance company should handle any defense in this case. If the accident was more than two years ago, normally it would be too late for you to be sued, with some exceptions. One exception is if someone else who is "solidarity liable" with you has been sued. It is quite possible, under the scenario you have described, that it is too late for you to be sued. You should contact your insurance company immediately about the lawsuit. If you no longer have insurance, you may still have coverage for the time when the accident occurred, if you are liable.
Answered on Aug 05th, 2011 at 6:54 AM
Forward the complaint and summons to your insurance company certified mail, return receipt requested. They must provide you with an attorney.
Answered on Aug 05th, 2011 at 5:54 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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Since you had insurance at the time of the accident, they will handle the suit for you, including hiring an attorney on your behalf. You must notify them immediately of the suit and forward them copies of the papers you received. What apparently happened is that your insurance company was unable to reach a settlement with the other party, thus the filing of the lawsuit became necessary.
Answered on Aug 05th, 2011 at 5:20 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Turn it in to you insurance company. The will hire an attorney for you and defend the suit. Perhaps they tried to settle but were unsuccessful.
Answered on Aug 05th, 2011 at 5:18 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
You should contact the insurance company that was providing you coverage at the time of the accident as soon as possible. Apparently, there was no settlement reached with your insurance company, so now the injured party is pursuing their claim through a formal lawsuit.
Answered on Aug 04th, 2011 at 12:06 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Turn the Summons and Complaint over to your insurance company right away and it will defend you free of charge.
Answered on Aug 04th, 2011 at 11:17 AM
Retain and/or consult with a defendant's personal injury lawyer to timely defend you in the litigation.
Answered on Aug 04th, 2011 at 10:48 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Immediately contact your insurance agent and tell him about this, and ask him (or her) where to fax the summons and complaint which you received. If you carried bodily injury liability insurance, then your insurance company should provide a defense for you. If your agent tells you that you had insurance for this type of occurrence, immediately call the attorney's office who is suing you, and tell that attorney not to default you, that you are providing the paperwork you were served to your insurance company. Act NOW though, and don't wait. Waiting and not doing something about it could be very damaging to your defense.
Answered on Aug 04th, 2011 at 10:19 AM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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I suggest you hire an attorney to reprsent you if you are confused and dont know what to do upon service of a lawsuit on you. Please note that this is not legal advise and should not be construed as such.
Answered on Aug 04th, 2011 at 10:05 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You need to contact your automobile liability insurance company ASAP and tell them you were served with the lawsuit papers. Make arrangements to turn over the papers to the insurer who will arrange for a lawyer to defend the case. The insurer is supposed to defend you free of charge to you and pay any settlement or judgment up to the limits of the policy. Move quickly as delay in turning over the papers to the insurer can sometimes be used by the insurer as a basis for terminating coverage.
Answered on Aug 04th, 2011 at 9:17 AM
2 Awards
Since you have your own automobile insurance, you should contact your carrier immediately and provide them with a copy of the lawsuit. They should then hire an attorney to defend you.
Answered on Aug 04th, 2011 at 9:14 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Turn it right over to your insurance company. They will defend you for free and cover damages up to your policy limits.
Answered on Aug 04th, 2011 at 8:40 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Send the summons and complaint to your auto insurance company. They will handle.
Answered on Aug 04th, 2011 at 8:35 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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If you had insurance, you need to contact your insurance carrier right away. They will assume the defense for you and pay any amounts you are ordered to pay. They also will try and resolve it on your behalf. If you did not have insurance, you need to seek out the advice of an attorney as soon as possible. There are deadlines regardless of which of the above applies.
Answered on Aug 04th, 2011 at 8:35 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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You should contact your insurance company immediately. The insurance company should provide an attorney for you and pay for damages up to the limits of your coverage.
Answered on Aug 04th, 2011 at 8:10 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Call your insurance company you had t that time and they will have defend the lawsuit for you
Answered on Aug 04th, 2011 at 7:52 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You insurance company should defend this claim. Contact them and let them know what is going on.
Answered on Aug 04th, 2011 at 7:52 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Your insurance carrier should defend you and take care of it up to the limits of your coverage. Contact your insurance carrier asap.
Answered on Aug 04th, 2011 at 7:33 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you had insurance in force at the time, call the insurance company ASAP. Failure to report could be a defense to coverage. If you had no insurance, then you will have to hire your own lawyer.
Answered on Aug 04th, 2011 at 6:27 AM
Contact your insurance company immediately It should handle this matter for you , particularly since you already notified them of the matter. Probably, the insurance company was unable to settle the matter and so the case has now been filed as a lawsuit. Just make sure you let them know of the suit papers right away in order to avoid a default judgment.
Answered on Aug 04th, 2011 at 6:24 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Contact your carrier and send them the papers. They will assign you a lawyer.
Answered on Aug 04th, 2011 at 6:24 AM
Give the papers to your insurance company. They will provide you with an attorney and will defend your case.
Answered on Aug 04th, 2011 at 6:20 AM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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Contact your insurance company IMMEDIATELY and send them a copy of the summons and complaint. They should hire you an attorney at their expense; and take care of this for you.
Answered on Aug 04th, 2011 at 6:11 AM
Business Counseling & General Corporate Attorney serving Seattle, WA
Partner at
Carney Badley Spellman, P.S.
2 Awards
Report this to your insurance company immediately. As long as you had liability coverage in place at the time, your insurance company should defend you and appoint a lawyer. Act quickly!
Answered on Aug 04th, 2011 at 6:10 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Send the papers to the insurance company you had at the time of the accident.
Answered on Aug 04th, 2011 at 6:09 AM
Call whatever insurer was insuring your car when the accident occurred.
Answered on Aug 04th, 2011 at 6:09 AM