What can I do if my court date is scheduled while I am out of the country? 27 Answers as of October 20, 2011

I am being sued over an Auto Accident a 1 1/2 years later. I am leaving the country for 4 months. What do I do if the court date is when I am gone? Does my insurance lawyer take over?

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Touchstone Law Firm, LLC
Touchstone Law Firm, LLC | Dmitry David Balannik
Inform your insurer and ask for a continuance.
Answer Applies to: District of Columbia
Replied: 10/20/2011
Hostetter & O'Hara
Hostetter & O'Hara | Matthew E. Dumas
You need to contact the lawyer appointed by your insurance carrier. They can then move for a continuance of the trial.
Answer Applies to: Indiana
Replied: 10/20/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
Yes, you insurance lawyer (who is really your lawyer hired by the insurance company) will handle it. The lawyer will likely be able to get the case continued in the unlikely event it was scheduled for trial while you are away.
Answer Applies to: South Carolina
Replied: 10/19/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Make sure that your insurane attorney, if one has been designated, gets a copy of the complaint.
Answer Applies to: California
Replied: 10/19/2011
Law Offices of Bodey & Bodey, PLLC
Law Offices of Bodey & Bodey, PLLC | Michael Bodey
Just inform your insurance lawyer that you will be out of the country. If it is a hearing, it "may" not be that big of a deal. If it is trial, well that is another matter. I think you just need to inform your insurance attorney.
Answer Applies to: Washington
Replied: 10/19/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
You should definitely ask your own attorney. He or she might want to ask for a continuance, or maybe it would be preferable to present your testimony by deposition.
Answer Applies to: Washington
Replied: 10/19/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Your failure to show up at trial will probably guarantee a plaintiff's verdict. Your insurer may refuse to pay any judgment. Shouldn't you and your insurance lawyer get cozy about now and talk about how important you trip is?. Maybe you can final a roundtrip airfare to attend the trial.. That would be sweet. If it is State Farm, they will do it no matter what the atty says. Stick to your guns, especially if it is something important like the Peace Corp. Relax, If you are just being sued, your attorney needs to run the clock for up to a year asking useless questions about the person you ran into and delaying the payment of what is your true responsibility. In fact, your absence will stretch the case out even further.
Answer Applies to: Montana
Replied: 10/19/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Your insurance lawyer will take care of the problem routinely. Make sure he fully understands your situation. Make sure it is in writing.
Answer Applies to: North Carolina
Replied: 10/19/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
If the insurance lawyer rep-resents you personally in the lawsuit, you should communicate with him/her so that he/she can notify the court and the other attorneys of your absence. If he doesn't represent you specifically, you should retain an attorney who may request a continuance and/or notify the court and other lawyers in the case of your unavailability to testify or be present in court for the four months. It is within the discretion of the judge to grant your request.
Answer Applies to: Indiana
Replied: 10/19/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
He should. He is defending you not the insurance company. You should talk to him.
Answer Applies to: Michigan
Replied: 10/19/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You have a lawyer. What did he/she say? Has the trial been scheduled? If not, then when the scheduling date comes up your lawyer can simply have the trial scheduled for a time when you are back or before you leave. If the trial has been scheduled, your lawyer should be able to get an adjournment. If that can't be done, you will just have to change your plans.
    Answer Applies to: New York
    Replied: 10/19/2011
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Your insurance lawyer can file a motion seeking a continuance of the trial date advising the court you will be out of the country. I'm not really sure by what you mean about your insurance lawyer taking over. As soon as you were served with the lawsuit papers you should have sent a copy to your insurance company through your agent or through the insurance company claim office and he/she would then file an Appearance and an Answer.
    Answer Applies to: Iowa
    Replied: 10/19/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Your insurance lawyer is your lawyer. Let him know the problem so he can use the information to plan for the trial.
    Answer Applies to: Texas
    Replied: 10/19/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Talk to the insurance company supplied attorney about it. He can try to arrange things so the case will not be called for trial while you are away.
    Answer Applies to: Georgia
    Replied: 10/19/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    You should speak to your insurance lawyer.
    Answer Applies to: Florida
    Replied: 10/19/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    You will need to notify the court and the plaintiff (or the plaintiff's attorney) and explain the situation. You will also need to request the court to continue the case until you return. The plaintiff's attorney may of may not agree to a consent order related to your continuance request. This would be the best opportunity to ensure the court will grant your request. Otherwise, and depending on how much you are being sued for, you may need to decide
    You have to decide which is more important, the trip or the court hearing. You would be best served by seeking an attorney before the time to respond expires and you depart for your trip.
    Answer Applies to: Georgia
    Replied: 10/18/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You let everyone know that you won't be in the country and get an adjournment.
    Answer Applies to: New York
    Replied: 10/18/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    You should notify your lawyer well in advance. Don't represent yourself in court
    Answer Applies to: Massachusetts
    Replied: 10/18/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You should change your trip or change the court date, although most cases get settled without the trial actually occurring.
    Answer Applies to: Colorado
    Replied: 10/18/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    The lawyer hired to represent you by your insurer should be handling the matter if a lawsuit has been filed. He should be able to obtain a continuance for you since you will be out of the country.
    Answer Applies to: Washington
    Replied: 10/18/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Call the lawyer that your insurance company hired for you so you can provide the information they need for the short time that you're away.
    Answer Applies to: New Jersey
    Replied: 10/18/2011
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    First, make sure your lawyer knows exactly when you are going to be gone and how to contact you while you are gone. If your trial date has already been set, your attorney may need to ask the judge for a continuance. If the trial date has not been set, your attorney will probably be able to work around the time period when you'll be gone. However, if the judge says the trial will occur when you are going to be gone, change your plans. Otherwise, your insurance company may not defend you or pay a judgment against you.
    Answer Applies to: Colorado
    Replied: 10/18/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    You need to talk to your lawyer immediately so that she/he can file Motion For Continuance. In all likelihood you will have to be at trial. The sooner your attorney moves for the continuance the better the chances that the case can be reset for a time when you are in the country.
    Answer Applies to: Indiana
    Replied: 10/18/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Advise your insurance lawyer about your plans. Your attorney can either obtain a change of the trial date; or obtain a perpetuation deposition (if necessary) to ensure your testimony is presented at time of trial.
    Answer Applies to: Washington
    Replied: 10/18/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You need to call your insurance lawyer and discuss it with him. He may say don't worry about it or he may ask for the court to reschedule the hearing.
    Answer Applies to: Florida
    Replied: 10/18/2011
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