How do I fight a civil suit for an auto accident? 21 Answers as of February 17, 2012

How do I fight a civil suit for an auto accident where the car belongs to some one else and I believe their insurance should have covered it?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If you are being sued then your insurance should cover the defense of the lawsuit. Otherwise, you will probably have to hire an attorney. You can bring your own suit for property damage in small claims court, or if your damages are larger than that-or if you were injured-you can bring a lawsuit in circuit court. You will need to consult with an attorney for that.
Answer Applies to: Missouri
Replied: 11/7/2011
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Hmmm.... is this a trick question? Perhaps this is somewhat of a complicated question. If you know the car's owner is someone other than yourself, then simply provide proof of ownership to other side and they should dismiss you, unless of course you were the driver.
Answer Applies to: Iowa
Replied: 11/7/2011
Alfred Law Firm
Alfred Law Firm | Janice Alfred
The owner's insurance should be the primary and yours the secondary if the primary insurance cannot cover the damages. You should contact your own insurance company to discuss defending you in the lawsuit.
Answer Applies to: Georgia
Replied: 11/4/2011
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Turn the claim over to your insurance company or the other persons insurance company and let them sort it out. As long as it is covered and counsel is provided, you're good to go.
Answer Applies to: New York
Replied: 11/4/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
If you were negligent in driving and caused a collision, then you have to pay for all the damage you did.
Answer Applies to: Washington
Replied: 11/4/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Report the suit to your insurance company and let them worry about it.
Answer Applies to: New York
Replied: 11/4/2011
The Margolis Firm
The Margolis Firm | Charles J. Candiano
Your question is not clear. If you were driving a friend's car, with their permission and you had an accident, you were a "permissive driver" and covered under the policy. You MUST immediately turn over all documents to your friend's insurance and cooperate with them. Your failure to cooperate would be a basis for denying the claim. Do not delay.
Answer Applies to: Illinois
Replied: 11/4/2011
Law Office of Russell D. Gray, PC
Law Office of Russell D. Gray, PC | Russell D. Gray
The owner's insurance should have covered whoever was driving the vehicle, unless the vehicle was being driven without the owner's permission. If there was no permission, the probably won't be any insurance coverage. If you are being sued, talk with the owner's insurance and find out why they're not providing you a defense. If they won't respond, you'll have to find your own attorney (and you might have an action against the insurer for bad faith). Talk to an attorney first to find out your rights.
Answer Applies to: Utah
Replied: 11/4/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
You should contact their insurance carrior and make a demand.
Answer Applies to: Texas
Replied: 11/4/2011
Broad Law Firm, LLC
Broad Law Firm, LLC | Donald K. Broad
First of all, you should turn the lawsuit over to your insurance company, regardless of whether the other company should have covered it or not. Your insurance company will then be obligated to hire an attorney to defend you and they may also fight the other insurance company to pick up the case. However, at least in Indiana, if you were driving the other person's vehicle with their permission, you would be considered a permissive user under the other person's insurance, and they should be covering you.
Answer Applies to: Indiana
Replied: 2/17/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    You are an additional insured under that car's liability policy as long as you were using the car with the permission of the owner. The insurer is supposed to get a lawyer to defend you unless there is some reason why you are not covered such as non-cooperation, etc. contact an attorney experienced in auto insurance matters immediately.
    Answer Applies to: Georgia
    Replied: 11/4/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    All automobile owners in New York State are required to carry insurance on their cars in order to legally drive them on public roads.
    Answer Applies to: New York
    Replied: 11/4/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    The owner of a vehicle is required to have insurance. Let the insurance company handle the issue.
    Answer Applies to: North Carolina
    Replied: 11/3/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    If you had permission to use the car with insurance, they should cover your defense. Send them a certified letter asking them to defend you or tell you why not, in writing.
    Answer Applies to: Montana
    Replied: 11/3/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You did not say whether you were the driver and whether you were at fault. If that is the case, make a written demand on the insurance company to defend and cover you. If you have insurance on your own car, you can notify them as well.
    Answer Applies to: California
    Replied: 11/3/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    You need to see an attorney who can help you with this, preferably one that mostly does personal injury work.
    Answer Applies to: Virginia
    Replied: 11/3/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You need an attorney. If you have insurance, contact your carrier regardless of whom you believe should be handling the defense. If you were not insured, hire an attorney.
    Answer Applies to: California
    Replied: 11/3/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you were the driver and you have car insurance on your car, inform your own insurance company of the claim being made against you.
    Answer Applies to: Florida
    Replied: 11/3/2011
    Allen Legal Services PLLC
    Allen Legal Services PLLC | Eric Allen
    Just call your own auto insurance company and ask them to handle it. They will find the other auto insurance companies involved.
    Answer Applies to: Utah
    Replied: 11/3/2011
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    You have not provided enough information to answer your question. Are you being sued? Or, are you interested in suing someone else? If you are being sued, contact your insurance company, and they will provide defense for you. If you are interested in suing someone, contact an attorney for advice on how to proceed.
    Answer Applies to: Virginia
    Replied: 11/3/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Call your own insurance company and send them the summons and complaint that you were served with.
    Answer Applies to: New Jersey
    Replied: 11/3/2011
Click to View More Answers: