I just received a summons that I am being sued for an auto accident that I was not involved in.

Asked almost 2 years ago - Lawrenceburg, IN

I talked to the attorney for the Plantiff and he told me that the Accident Report did not contain all the information and that he researched multiple people with my same name living in the same county that I live in and he must have made a mistake and picked the wrong person. He told me that if I am found not to be the person involved he will write a letter to me saying I will be removed from the suit. I have written a letter in response and filed with the Clerk of Courts but they are telling me that as of now I remain as a Defendants in this law suit. What should I do?

Attorney answers (9)

  1. Jeffrey Mark Adams

    Contributor Level 20

    10

    Lawyers agree

    Answered . Immediately alert your insurance company at the time of the alleged event. If you did not have insurance you should retain an attorney to help you out of this situation. The plaintiff's lawyer is treading on some very thin ice; particularly, if the attorney knowing maintains an action that has no merit.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Turn it over to your insurance company to sort out.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes - report the matter to your insurance carrier immediately.

  4. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Turn it over to your insurance company.They will handle it for you and take care of the necessary paperwork.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce... more
  5. Jason Ruskin Reese

    Pro

    Contributor Level 5

    4

    Lawyers agree

    Answered . First, send a certified letter to to lawyer explaining that you are NOT the proper person and that you will take action against his law firm and his client is the claim is not withdrawn. Offer to give him an Affidavit to support your position. Also, notify your auto insurance agent who will then turn the claim in to your auto insurance. They will hire a lawyer and you should explain to that lawyer what happened. They will essentially represent you for free. Good luck and I'm sorry you had to be the innocent victim of a mistake. Hopefully, the Plaintiff's lawyer will come to his senses very soon. Jason Reese

  6. William Walter Hurst

    Contributor Level 5

    3

    Lawyers agree

    Answered . Turn it over to your insurance company..Your carrier will protect you and if need be provide counsel... in addition i would recommend recontacting the Plaintiff's counsel who could be in jeopardy if he fails to respond!

  7. Christopher David Wyant

    Contributor Level 9

    3

    Lawyers agree

    Answered . You should notify your auto insurance company immediately so that they can respond and defend the action on your behalf. Good luck.

    Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202... more
  8. Larry Van Roberts

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Notify your insurance company, tell the rep you are being sued and the insurance company should then be required to provide an attorney to assist you getting dismissed from the case.

    This response is given solely as a general response to the question and does not create an attorney / client... more
  9. Jimmy D. Speed

    Contributor Level 8

    2

    Lawyers agree

    Answered . You need to give the lawsuit documents to your car insurance company immediately, along with a copy of the police report (if you can get it). Let your insurance company know that it was not your that was in the car accident and that you are giving them the papers out of an abundance of caution.

    This answer is for informational purposes only and is a general response to a general question. This answer is... more

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