QUESTION
What to do if someone files a civil suit against you?
Asked on May 07th, 2013 on Personal Injury - California
More details to this question:
The insurance paid the car off as well as pain and suffering. However, I was not at fault of the crash and now she filed a $25,000 lawsuit plus 6%.
11 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally, if someone files a lawsuit against you as a result of an auto accident, you let your insurer handle it. They will hire an attorney to defend the suit. Your question confuses me, and I am sure I am missing something about the facts of your situation. You say the insurance paid of the car "as well as pain and suffering". Normally, your insurance will handle damage to the car separately from injuries. The company will normally not pay for damages without seeking a release from the other party in which the party agrees that he/she will not sue for any additional damages. I cannot imagine an insurance company paying damages for pain and suffering without getting a full release from any further liability. However, if the claim was not paid by your insurance, but the other driver's uninsured motorist coverage, and they are saying they suffered damages exceeding the insurance coverage, then you should hire an attorney to defend the case.
Answered on May 10th, 2013 at 2:57 AM
Ronald A. Steinberg
Contact your insurance company or a lawyer. If the company paid her money, the company would have required her to sign a release. If she signed the release, then she released you from any further liability.
Answered on May 09th, 2013 at 3:09 PM
James Eugene Hasser
Turn it over to your insurance company immediately. They should provide a defense and coverage to the limits of the policy.
Answered on May 07th, 2013 at 2:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't think you know what you are talking about. If an insurance company paid the property damage and paid for"pain and suffering" they would have required a release to be signed. No one would file a lawsuit in the face of a release. It would be a total waste of time and money.If anyone ever serves papers on you take them immediately to your insurance co. it is their job to take care of you when suit is filed
Answered on May 07th, 2013 at 2:06 PM
Thomas Edward Gates
Give the Complaint to the insurance company. She should have signed a release where she has no further claims against you when she accepted the settlement.
Answered on May 07th, 2013 at 2:05 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You should immediately turn over the Summons and Complaint to your insurance carrier, as they should be providing a defense counsel for you free of charge.
Answered on May 07th, 2013 at 2:04 PM
Christian Joseph Menard
Contract your insurance carrier immediately to advise it of the lawsuit. Your carrier owes you a duty to defend you in the lawsuit.
Answered on May 07th, 2013 at 2:04 PM
John Hone
Your insurance company will defend you.
Answered on May 07th, 2013 at 2:04 PM
Workers Compensation Attorney serving Oakland, CA
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Farber & Foote, LLP
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You need to tender the claim to your insurance carrier. They will take care of the defense under the terms of your insurance contract.
Answered on May 07th, 2013 at 2:03 PM
Monica Cecilia Castillo-Barraza
Notify your insurance company, as they may cover it and may provide a defense to the lawsuit.
Answered on May 07th, 2013 at 2:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should take the summons and complaint to your insurance company and ask them to deal with it. If they refuse, then engage and attorney on your own.
Answered on May 07th, 2013 at 2:03 PM