QUESTION

Why have not my insurance handle this matter before I got summons to appear?

Asked on Sep 02nd, 2012 on Personal Injury - Michigan
More details to this question:
I received a warrant in debt due to an accident. I do have full coverage. The amount asking is $25,000, which is my maximum. What do I do? I never had been into court. Do I still have to go to court? Alternatively, will the Insurance Attorney go on my behalf? How does this work?
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18 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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This answer only applies if you are being sued in Nebraska, which is the State you listed when you asked your questions. If you are being sued in another State my comments below do not apply and you should re-ask your questions and select the State you being sued in rather than Nebraska. My comments only apply to Nebraska. The reason I note this about Nebraska is that you use the term "warrant in debt," which is not a term, to my knowledge, that Nebraska uses. Assuming, as noted above, that your accident and you are being sued in Nebraska, I do not know why your insurance company did not "handle" the accident before your got a summons appear. My guess would be that the injured person and your insurance company were unable to agree to a settlement. If my guess is correct, the at-fault driver must sue you; he or she cannot sue your insurance company. You should immediately notify your insurance company that you have been sued. The insurance company should hire an attorney to defend you in the lawsuit. Your attorney would advise you about what you will need to do as well as what could happen if a judgment is obtained against you over your $25,000 insurance coverage limit. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Sep 12th, 2012 at 3:01 PM

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William C. Gosnell
Yes your insurance must provide a lawyer for your defense.
Answered on Sep 12th, 2012 at 3:01 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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They will defend and cover you. Up to your limits and have a duty to try and settle it within your limits, if possible.
Answered on Sep 12th, 2012 at 3:00 PM

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Turn it over to your insurance carrier. They should handle it. Good luck.
Answered on Sep 12th, 2012 at 3:00 PM

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Lisa Hurtado McDonnell
Send a copy to your insurance agent and ask if they are going to appear. If not you can cross claim against them. You probably can not handle this yourself you will need representation.
Answered on Sep 12th, 2012 at 12:13 PM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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You need to contact your insurance company immediately to discuss the situation with the adjuster who is assigned to the file. You should also speak with the attorney who has been assigned to your case to see what is going on and what you need to do during the process. Good luck to you.
Answered on Sep 11th, 2012 at 2:45 PM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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Turn the papers over to the insurer immediately. The insurer is supposed to hire an attorney to represent you at no cost to you. Be sure to keep a copy of the papers that were served on you for your records. You may have to give a deposition, answer written questions and possibly go to court.
Answered on Sep 11th, 2012 at 1:57 PM

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Ronald A. Steinberg
Turn the paperwork over to your insurance claim department. I hope that you gave them notice of the accident when it first occurred.
Answered on Sep 11th, 2012 at 1:42 PM

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Contact your insurance company about this.
Answered on Sep 11th, 2012 at 1:25 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Forward the summons and complaint to your carrier.
Answered on Sep 06th, 2012 at 3:00 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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There is no such thing as a warrant in debt. You probably received a summons and complaint (a lawsuit) This should be given to your insurance company immediately. They will engage a lawyer to represent you. that is what insurance is for.
Answered on Sep 06th, 2012 at 3:00 PM

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Steven D. Dunnings
Contact your insurance company immediately. It should hire an attorney for you, assuming you have not waited too long to notify the company about the accident/claim.
Answered on Sep 06th, 2012 at 2:59 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Make sure that your insurance company has a copy of the summons and complaint. They should handle it.
Answered on Sep 06th, 2012 at 2:58 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I am not familiar with a legal document known as a "warrant in debt". You also mention a summons to appear. If it is a civil lawsuit, your insurance company should handle it. You should turn it over to your insurance company. It will hire a lawyer to defend the case for you. In South Carolina, a civil suit for damages from an automobile accident is commenced by filing a summons and complaint. You are not required to appear in court (ultimately you may have to if the case is not settled). Rather, you have 30 days to file a response to the complaint. It is possible that the plaintiff (the individual who filed suit) opted to sue rather than file a claim with the insurance company. More likely, the plaintiff filed a claim, your insurance company tried to settle the claim, but the plaintiff would not accept the insurance company's best offer and chose to go to court. If what you received was something other than a summons and complaint, then i would have to see the papers to advise you how to proceed.
Answered on Sep 06th, 2012 at 2:57 PM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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Your insurance company owes you a duty to defend you. If you are served with any legal pleadings, you need to notify your insurance company.
Answered on Sep 06th, 2012 at 2:55 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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You are being sued. You must turn in suit to insurance company immediately.
Answered on Sep 06th, 2012 at 2:55 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Your insurance company will provide a lawyer to you, and call them and immediately tell them that you've been served with a summons and complaint. Make a copy for yourself and send them the original by certified mail and if you have access to a fax machine, fax it to them, as well.
Answered on Sep 06th, 2012 at 2:52 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Notify you insurance company of the suit immediately. They should provide an attorney who will provide directions.
Answered on Sep 06th, 2012 at 2:51 PM

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