Home > Research Legal Advice > Car / Auto Accident > I just received a summons that I am being sued for an auto accident that...
Asked 4 months ago - Lawrenceburg, IN
FlagI 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?
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.
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you are NOT the proper person and that you will take action against his law firm and his client is the claim is not withdrawn.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
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