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Daughter in accident (her fault), other driver suing insurance. Second letter from court requestiong daughter's presence.

Winthrop Harbor, IL |

Insurance company has told me that they are taking care of the case, but I am not comfortable with the wording from the motion. Insurance company is also not updating me on status. I am concerned as to how this will affect my daughter.

Attorney Answers 5

Posted

There should be a lawyer appointed to handle your daughter's case. Write or call that lawyer and ask for an appointment. Address all your concerns to her attorney at that meeting.. By the way, has the insurance company issued her a "Reservation Defense" letter. Just curious. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Asker

Posted

When I try to get any information from the insurance company they do not cooperate. I will call them today however and see if I can get the attorney's name. I have not seen any Reservation Defense letter. What is that? Thank you very much.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Is a letter that states that they will defend but will not be liable for damages. Which should trigger concerns for you and your daughter and you should in that case retain your own lawyer. Just opining that is all.

Asker

Posted

Since I did not get one, should I be equally as concerned, since I have no idea what is going on? Thank you very much for your responses, I greatly appreciate your feedback.

Posted

Is the letter for a civil case or a criminal case?

Mr. Padove is licensed to practice law in Illinois and Indiana. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. Burtonap@aol.com (219) 836 2200

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Asker

Posted

I believe this is only civil. The last paragraph of the notice of motion is Proof of service by mail which states, "Under penalities as provided by law purusant to section 1-109 of the illinois code of civil procedure...", so I assume this is just a civil case which the insurance should be handling then correct? The motion however states, "Now comes the Plantiff and hereby moves this Honorable Court to default the Defendent (my daughter's name) for the reason that said party has been served with Summons and has failed to file an Appearnace and set this cuase for Prove-Up and entry of Judgment on a date certain." That is what worries me. I called the insurance today and emailed them a copy of this but they still have not gotten back to me, which does not surprise me....

Posted

Insurance company will handle the case for your daughter as far as civil claims and damages the other driver is seeking.

HOWEVER, the criminal/traffic case is something they will NOT help her out with at all. Keep in mind that if she pleads guilty, this will act as an admission in the civil case (and perhaps the insurance company might even claim this is an exclusion of coverage and not cover her). Tell her to show up at court and be ready to plead NOT guilty. If she is found guilty or found not guilty, it'll have no impact on the civil case but if she PLEADS guilty, this is what she must avoid. She should contact the insurer before she goes to court to inform them of what she will be doing. Better yet, do this in writing and keep a copy.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Excellent answer by Attorney Hoffman. Always accurate and on point..

Asker

Posted

I believe this is only civil. The last paragraph of the notice of motion is Proof of service by mail which states, "Under penalities as provided by law purusant to section 1-109 of the illinois code of civil procedure...", so I assume this is just a civil case which the insurance should be handling. The motion however states, "Now comes the Plantiff and hereby moves this Honorable Court to default the Defendent (my daughter's name) for the reason that said party has been served with Summons and has failed to file an Appearnace and set this cuase for Prove-Up and entry of Judgment on a date certain." That is what worries me. I called the insurance today and emailed them a copy of this but they still have not gotten back to me, which does not surprise me....

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Were you or your daughter ever contacted by the insurance lawyer?

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Ok, think I see what's happening. If you or your daughter received court papers (summons and complaint), usually from the Sheriff, and forwarded them to your carrier, they should have appeared for her. It seems as if they did not and it means you have to hurry up and send these papers to the carrier ASAP and contact them immediately. If they cannot confirm they will fix this immediately, see a lawyer. Your daughter could have a default judgment against her if she doesn't handle this immediately.

Asker

Posted

Not at all. I was not even aware of this until we go our first summons in Sept. 2012 for a Nov. 1st court date. The insurance company told me that they had offered her a settlement which the plantiff did not find acceptable, which was the reason for the law suit. I wanted to go to court, but they advised that it was not necessary. I was to forward the legal notice to them and they would take care of it. I thought it had been resolved (stupid me for not checking on the status), but then I received the second summons yesterday.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

And you have proof you faxed it to the carrier? If so, someone there screwed up. Get on it right away and demand a reply. Sometimes this can just be attorneys being slow in filing papers but you can't let it slide. Hope it turns out okay. Save copies of everything and if you do not get a reply by the date for hearing, show up yourself!

Asker

Posted

Stephen, could I set up an appointment with you? I am very confused by this entire matter and do not want my daughter to be penalized. While this accident happened in Lake County, it is being filed out of Chicago. We live on the IL/Wi border so that is very much an inconvenience for us. Also, reviewing your last comment, yes, the first papers (summons with a personal injury complaint attached), which where served by a very, very, rude Sheriff (that is another story all in itself). That is the first time I contacted the insurance company and was told they will take care of it, just email the papers I received to them.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Feel free to contact me Monday. I would be happy to explain and decipher the process and determine if you require legal representation.

Asker

Posted

Yes, I have copies of the emails that I sent to the insurance company. They wanted them to be copied and emailed.

Asker

Posted

Thank you very much. Is there a time that works best with regards to a phone conference?

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Perhaps late morning/early pm.

Asker

Posted

How about 11:30?

Posted

If the letter is from a criminal court your daughter needs to talk with an attorney ASAP.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

I believe this is only civil. The last paragraph of the notice of motion is Proof of service by mail which states, "Under penalities as provided by law purusant to section 1-109 of the illinois code of civil procedure...", so I assume this is just a civil case which the insurance should be handling then correct?

Posted

The answer to this questions turns on the letter being Criminal or Civil. If the letter is Criminal I highly suggest reaching out to a local criminal attorney. Also bring the letter to the meeting.

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