How to fill out answer form to a lawsuit? 2 Answers as of September 11, 2012

I have recently been served and being sued for a car accident that happened 2 years ago. It happened in Nebraska but I now live in Idaho. How do I fill out the answer sheet?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
If you were insured at the time of the accident you should immediately notify your insurance company. They will hire an attorney on your behalf who will file an answer for you. Assuming you were sued in Nebraska, either in County, District or Federal court, and did not have car insurance, there is no "answer form" that you can just complete. Your Answer must include a "caption," which is the name of court, the names of the parties, the case number and the name of the document. Your Answer should include a denial of anything you deny that is alleged by the person suing you. You should need to list any and all "affirmative defenses" you might have. An "affirmative defense" is a reason why, either based on the facts or the law, why, even if the facts alleged against you are true, you either do not owe anything to the person suing you or an amount lower than the amount claimed. The most commonly alleged affirmative defense in a car accident cases is "contributory negligence," which is that the person suing you was either partially or totally at-fault for the accident. Without knowing anything about your car accident I cannot comment on whether you have any affirmative defenses. There are a couple of other things that need to be included in your answer such as what you want the court to do, your signature and a certificate of service showing that you mailed a copy to the person suing you or his/her attorney. Generally, you have 30 days after being served with a copy of the lawsuit to file an answer. If you were sued in an Idaho court my comments above do not apply as I cannot provide legal advice to a case involving Idaho as I am not licensed to practice law there. If you were sued in an Idaho court you may want to re-ask your question and list Idaho as the State instead of Nebraska. If you were not insured you still might want to consider hiring an attorney as you likely will be at a significant disadvantage if the person suing you has an attorney.
Answer Applies to: Nebraska
Replied: 9/11/2012
Holzer Edwards
Holzer Edwards | Kurt Holzer
Contact your insurance company from the time of the collision. It is obligated to provide you a lawyer.
Answer Applies to: Idaho
Replied: 9/11/2012
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