Skip to main content

Have to appear in court for being sued for an accident that happened 2 years ago

Lafayette, IN |

I had an accident two years ago from today and insurance settled everything. They had deemed it was my fault. I currently don"t even live in the US but today I received court notice to appear and that the plaintiff wants $6000 for lost wages and other medical expenses. How do I go about resolving this matter?

Attorney Answers 7

Posted

No insurance company will pay you one penny on an auto claim until the claimant signs a release that he or she agrees the matter is entirely resolved and they give up the right to sue you. So, if the case was settled, the other party gave up its right to file any action in court.

As my colleagues have indicated, simply contact your insurance carrier and they will handle this for you. I only added the above information to explain why you do not need to be concerned.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Mark as helpful

1 found this helpful

3 lawyers agree

1 comment

Asker

Posted

Thanks very much for the elaborate reply!

Posted

If I were you, I would immediately contact the insurance carrier you had at the time and ask them why, if indeed they "settled everything", should you receive a court order to appear for that case two years later? Did they not make payment for some reason? You may have a lawsuit against that insurance carrier for bad faith if that is the case. Good luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Mark as helpful

1 found this helpful

4 lawyers agree

1 comment

Asker

Posted

Thank you so much!

Posted

Immediately notify the insurance company you had at the time of the accident. If in fact your insurer settled everything there should not be a new lawsuit. If this is not the case, your insurance company should appoint a lawyer to defend you under the liability coverage. Good luck.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

Thank you very much, I have begun the process :)

Posted

Contact your insurance company to resolve.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

It sounds like the property damage part of the case was settled and now an injury claim is being pursued. Contact your insurer!

Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. 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.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

You should immediately notify the insurance company that you had at the time of the collision. If the claim was settled, they would have insisted that the other party sign a release which would prevent any further liability to you.

Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax cwyant@btlmlaw.com www.btlmlaw.com

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

Forward the suit papers by certified mail to your automobile liability insurance carrier at the time and demand that they defend the action. If they've already settled the matter, their attorneys will get this dismissed. Keep a copy of your correspondence with your carrier. You also can hasten things by also calling your carrier and reporting this problem now.

Legal Disclaimer:

If this information has been helpful, please indicate below.

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 ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Mark as helpful

1 found this helpful

2 lawyers agree

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics