Being sued after my insurance company pays AND the other driver has underinsured coverage.

Asked almost 5 years ago - Bowling Green, KY

I was in an accident on Jan 7th 2009 of last yr which was my fault. On Jan 6 of this yr I get a letter saying that the other party is suing me (didnt state amount) AND her own insurance company which she had underinsured coverage with. It gave me 20 days to respond. I have nothing, no house car, savings nothing. I am 21 and trying for my disability. If she sues me and gets a judgement am I able to file bankruptcy on it? Should I even respond to the paper? Thank you.

Attorney answers (2)

  1. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”

    You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!

    Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.

    I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.

    Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.

    Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…

    When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.

    Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!

    Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!

    Good Luck!

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Your question is a little confusing. If you had insurance as you stated, you should immediately advise your insurance company that you have been sued and you should forward the suit papers to them by certified, return receipted mail, keeping a copy of your cover letter and the summons and complaint which you send to them. If you fail to respond within the time required in the summons, a default judgment can be taken against you. Since you have insurance, your insurance company has the obligation to defend you and indemnify you for any claim. Do not sit on this matter, take action immediately.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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