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I rcvd ppwk in a lawsuit : Request of admissions and interrogatories. What do I do with this to defend myself in this suit?

Tampa, FL |

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.

Attorney Answers 11

Posted

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.

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Asker

Posted

I am unable to afford an attorney right now and I went through the courts to try and obtain low-cost/free services and they only have attorney's for civil family, domestic violence, small claims.

Posted

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.

Good Luck

Do not ignore the paperwork from the injured person's attorneys.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

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Asker

Posted

I am unable to afford an attorney right now and I went through the courts to try and obtain low-cost/free services and they only have attorney's for civil family, domestic violence, small claims.

Posted

You have to contact your insurance company and/or hire an attorney ASAP.

DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

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Posted

Turn it over to your insurance company to resolve

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Asker

Posted

The car I was driving was my girlfriends and she had no insurance at the time. I didn't have a vehicle so I didn't have my own personal policy at the time.

Posted

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.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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Julie S Luhrsen

Julie S Luhrsen

Posted

Given that you aren't able to afford an attorney (which would have been your best route), pls follow the very helpful information provided to you by Attorney Miller!

Posted

If you didn't have insurance either, then hire your own attorney to handle the defense of the suit or assist you with defending it. If you do have insurance, turn it over to them for defense of the claim.

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Posted

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.

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.

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Posted

Call your insurance company and see if it will provide you with an attorney. If not, hire an attorney immediately.

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Posted

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!

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Posted

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.

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Posted

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.

Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.

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2 comments

Ian G. Osur

Ian G. Osur

Posted

The first line of my response said "Immediately provide the documents to your insurance carrier". I beleive this answers your suggestion. Ian Ian G. Osur, Esq. IAN G. OSUR, .A. 8603 South Dixie Highway Suite 315 Miami, FL, 33143 Tel: (305) 670-7737 Fax: (305) 670-7735 Email: ianosur@aol.com NOTICE: IAN G. OSUR, P.A. intends the information contained in this electronic mail transmission for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It should NOT be copied or forwarded to any unauthorized persons. IF YOU have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling IAN G. OSUR, P.A. at (305) 670-7737, so that our address record can be corrected. Thank you.

Francis M Smith

Francis M Smith

Posted

We're in agreement.

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