I was involved in a car accident for which I was at fault. The car was my girlfriends and I didn't know she didn't have insurance on her car at the time. They have been unable to serve her with ppwk and her and I no longer get along to discuss the incident. We are both being sued.
You need to answer them. Unless you don't care about losing the case, you need to hire a lawyer to help you.
The requests for admissions are deemed admitted thirty days after they were served on you. So, do not be late! Just answer the requests for admissions paragraph by paragraph, either: "Admitted," "Denied," or "Without sufficient knowledge to either admit or deny." File the original response and serve it on the other lawyer. Answer the interrogatories in the spaces provided, get your answers sworn to, and then send the original answers to the attorney who sent them to you. You should also file a notice of answering them in court.
You need to consult with counsel as soon as possible. The attorney will discuss your options with you including to see if there is any applicable insurance coverage from another source. If there is no applicable insurance, the attorney will explain how this information can be communicated to the injured person's lawyer and determine if they will be pursuing an uninsured motorist claim.
You need to speak with an attorney who can explain what needs to be done to protect your interests in this matter. Use the Avvo find a lawyer function to locate the right attorney for you.
Do not ignore the paperwork from the injured person's attorneys.
You should not be fooling around with this yourself as you may have significant personal assets at stake. Immediately consult with a local experienced personal injury attorney to discuss the best way to proceed, including an early settlement that you may be able to afford before incurring a lot of attorney's fees.
One of the disadvantages to not having insurance at the time of a collision is that once you are sued, you are on your own, unless you pay out of your own pocket to get the assistance of an attorney.
I suggest that you may wish to pay for a short consultation with a civil defense attorney who can go over the paperwork with you and show you how you need to respond. Failure to admit or deny the requests for admissions will work against you and the matters will be deemed admitted if you do not respond. Failure to provide answers to interrogatories can also result in sanctions against you by the court. I suggest you try to find your ex-girlfriend and have her split the costs with you.
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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.
Immediately provide the legal documents to your insurance carrier. In Florida you are required to have PIP and Property insurance and therefore would have an insurance card which will have your carriers name and phone number. They will assign an Attorney to defend you who will assist in completing the legal questions and assist with preparation of answers to the Request for Admissions. There is a 30 day limit to answer the Admissions, failure to do so will cause them to be admitted and possible negatively affect your legal rights and defenses.
As an aside, it would be unusual to receive the legal documents without being served with a Complaint first, which would be served by a process server. Your insurance carrier and its free attorney which they will provide for free, can address these issues with you. If you do not have any auto insurance then you will need to hire an attorney.
If you have insurance you should turn it over to them and they will hire an attorney. However, if you do not have any insurance consult counsel immediately. You certainly may be counter claiming you ex girlfriend if she lead you to believe she had insurance. Do not ignore any paperwork. This is too complicated to do on your own. Good Luck!
You did not mention this, but if you had auto insurance on your own vehicle at the time, your company should be put on notice and they should provide a defense. Do take the situation seriously. See the other answers as to what you should do. If you have no auto insurance of your own, talk to an attorney as soon as possible. You may also want to talk to a bankruptcy attorney if you are found responsible and a big judgment is entered against you. You or your counsel should communicate to the other attorney (representing the injured party) that there is no insurance (if that is the case) so they can explore underinsured motorist coverage which may apply on the policy or policies affording coverage to the injured individual. Best of luck.
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