What can I do if I am being sued for damages for a personal injury? 50 Answers as of February 20, 2012
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!Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereThe Margolis Firm | Charles J. Candiano
Immediately provide all documentation to your insurance which was in force at the time of the accident. Your insurance company has a duty to defend you which means that they must hire an attorney to represent you at no cost to you.
Answer Applies to: Illinois
Replied: 8/9/2011
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
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.
Answer Applies to: Oregon
Replied: 8/6/2011
Cody and Gonillo, LLP | Christine Gonilla
your insurance company hires a lawyer for you
Answer Applies to: Connecticut
Replied: 8/5/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
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.
Answer Applies to: Louisiana
Replied: 8/5/2011
Everett Walton, Attorney at Law | Everett Walton
Forward the complaint and summons to your insurance company certified mail, return receipt requested. They must provide you with an attorney.
Answer Applies to: Hawaii
Replied: 8/5/2011
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
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.
Answer Applies to: Nebraska
Replied: 8/4/2011
David F. Stoddard | David F. Stoddard
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.
Answer Applies to: South Carolina
Replied: 8/5/2011
Law Offices of Earl K. Straight | Earl K. Straight
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.
Answer Applies to: Texas
Replied: 8/5/2011
Wilson & Hajek, LLC | Eddie W. Wilson
Contact the insurance company. They should defend any action against you.
Answer Applies to: Virginia
Replied: 8/4/2011
Patrick M Lamar Attorney | Patrick M Lamar
Your insurance company will provide you with a lawyer. Contact your agent.
Answer Applies to: Alabama
Replied: 8/4/2011
Law Office of Jared Altman | Jared Altman
Turn the Summons and Complaint over to your insurance company right away and it will defend you free of charge.
Answer Applies to: New York
Replied: 8/4/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Retain and/or consult with a defendant's personal injury lawyer to timely defend you in the litigation.
Answer Applies to: Indiana
Replied: 8/4/2011
Kelaher Law Offices, P.A. | James P Kelaher
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.
Answer Applies to: Florida
Replied: 8/4/2011
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
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.
Answer Applies to: Washington
Replied: 8/4/2011
Slaughter & Slaughter | Reza Torkzadeh
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.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
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.
Answer Applies to: Georgia
Replied: 8/4/2011
Oliver Law Office | Jami Oliver
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.
Answer Applies to: Ohio
Replied: 8/4/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Call carrier and find out about the attorney. Believe the carrier has an obligation to defend. Did you send the carrier a copy of the complaint?
Answer Applies to: California
Replied: 8/4/2011
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You need to advise your insurance company of the lawsuit immediately. They should hire a lawyer to represent you. Be aware you have a very short period of time to respond to the Complaint or you will be defaulted. Go talk to a lawyer right away if your insurance company isn't helping you. Good luck.
Answer Applies to: Florida
Replied: 2/20/2012
Kirshner & Groff | Richard M. Kirshner
Turn the papers over to your insurance company
Answer Applies to: Florida
Replied: 8/4/2011
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
If you were insured at the time of the accident you should turn the writ over to your carrier. If you were not insured you should consult with an attorney to discuss your options. Disclaimer: This answer is not meant, nor should it be construed to be legal advice, Further, it is not intended to, nor does it create a lawyer/client relationship with any firm or individual to whom this answer is communicated.
Answer Applies to: Connecticut
Replied: 8/4/2011
Klisz Law Office, PLLC | Timothy J. Klisz
Turn it right over to your insurance company. They will defend you for free and cover damages up to your policy limits.
Answer Applies to: Michigan
Replied: 8/4/2011
Law Office of Travis Prestwich, PC | Travis Prestwich
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.
Answer Applies to: Oregon
Replied: 8/4/2011
Law Offices of Steven A. Fink | Steven Alan Fink
Send the summons and complaint to your auto insurance company. They will handle.
Answer Applies to: California
Replied: 8/4/2011
Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
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.
Answer Applies to: North Carolina
Replied: 8/4/2011
Gregory Casale Attorney at Law | Gregory Casale
You insurance company should defend this claim. Contact them and let them know what is going on.
Answer Applies to: Massachusetts
Replied: 8/4/2011
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Call your insurance company you had t that time and they will have defend the lawsuit for you
Answer Applies to: Florida
Replied: 8/4/2011
Allen Murphy Law | W. Riley Allen
Your insurance carrier should defend you and take care of it up to the limits of your coverage. Contact your insurance carrier asap.
Answer Applies to: Florida
Replied: 8/4/2011
Law Office of Russell D. Gray, PC | Russell D. Gray
Give the papers to your insurance company. They will provide you with an attorney and will defend your case.
Answer Applies to: Utah
Replied: 8/4/2011
Rothstein Law PLLC | Eric Rothstein
Contact your carrier and send them the papers. They will assign you a lawyer.
Answer Applies to: New York
Replied: 8/4/2011
Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
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.
Answer Applies to: Virginia
Replied: 8/4/2011
Law Offices of Elliott Zarabi | Elliott Zarabi
You must take this claim to your insurance company right away! Even if they are no longer your insurance company they were during your claim so they must protect you. If they don't you should contact an attorney about suing your insurance company.
Answer Applies to: California
Replied: 8/4/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
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.
Answer Applies to: Montana
Replied: 8/4/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
Send the papers to the insurance company you had at the time of the accident.
Answer Applies to: Oregon
Replied: 8/4/2011
Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
Call whatever insurer was insuring your car when the accident occurred.
Answer Applies to: Oregon
Replied: 8/4/2011
Diana K. Zilko, Attorney at Law | Diana K. Zilko
If you were insured at the time, call your insurance company and let them know you were served with a lawsuit. They will have an attorney assigned to handle the matter for you.
Answer Applies to: California
Replied: 8/4/2011
Pivotal Law Group, PLLC | Christopher L. Thayer
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!
Answer Applies to: Washington
Replied: 8/4/2011
Premier Law Group | Jason Epstein
Turn the lawsuit over to the insurance company that you had at the time. They will hire a lawyer and defend you.
Answer Applies to: Washington
Replied: 8/4/2011
Holzer Edwards | Kurt Holzer
All you need to do is contact your insurance company and it will hire you a lawyer.
Answer Applies to: Idaho
Replied: 8/4/2011
Garruto & Calabria, LLC | Andrew F. Garruto
Your automobile insurance company will provide you with a defense. Send them a copy of the documents you received and they will hire the lawyer to defend the claims, at no cost to you.
Answer Applies to: New Jersey
Replied: 8/4/2011
Cary J. Wintroub & Associates | Sheldon J. Aberman
You should provide your insurance company, who insured your vehicle at the time of the accident, with a copy of the lawsuit that you received. Pursuant to your automobile insurance policy, your insurance company has a duty to defend and indemnify you for claims arising out of the operation of your automobile, up to your policy limits.
Answer Applies to: Illinois
Replied: 8/4/2011
David Hoines Law | David Hoines
your auto insurance company should provide you with an attorney notify it of the suit
Answer Applies to: Florida
Replied: 8/4/2011
Magnuson Lowell P.S. | Richard S. Lowell
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.
Answer Applies to: Washington
Replied: 8/4/2011
Goolsby Law Office | Richard Goolsby
Of course, you may elect to also talk with another attorney in your community, too. But move very quickly, because your attorney will need to file an answer within 30 days of service, to avoid default, along with other important matters. Good luck.
Answer Applies to: Georgia
Replied: 8/4/2011




































