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Served summons naming my former employer and me (for car accident 2 years ago). Docs etc at old employer. Will they help?

Jacksonville, FL |

Minor accident trumped up for bogus claim. I recd. Careless Driving ticket, no points. Company has all the reports, post accident interview and all other specifics. Can I count on them to supply copies to me? Should I consider them as an ally, since they are named in the suit?

I was at fault, was driving a company car and hit rear end of an SUV at very low speed at stop sign. Hit him in the bumper...NO visible damage to his SUV. My vehicle had bent hood and was 100% drive-able. Company car insured by the company's insurance carrier. Thanks for all who answered!

Attorney Answers 5


  1. Best answer

    Your insurance carrier will provide you with a defense to the claims. Make sure you contact them TOMORROW and give them all appropriate paperwork (including the stuff you were served).

    Cooperate fully and let them do their jobs and you'll be in good shape.

    Best of luck!

    Dan

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. Your insurance company has a duty to defend you in this matter. If the accident happened in the company truck, that is why they are on the summons. If you were under the insurance of the company, you will all be protected by the insurance company. You should be entitled to documentation from your insurance company, but I think that they will vigorously defend you and your former employer if the at fault party is bringing a claim especially if put is a minor accident as you say.


  3. Your former employer's carrier must provide your with coverage and assistance. Make sure to contact them immediately with the summons and complaint.


  4. Your insurance company will defend.

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  5. You should immediately contact the automobile liability insurance carrier for your employer at the time of the incident and advise them that you have been sued. Send them a copy of the summons and complaint along with your demand that they defend you. Retain a copy of everything you send to them. You also should send copies to your personal auto liability insurance company at the time of the incident and demand that they defend you and coordinate the defense with your employer's insurance carrier.

    You have a duty to cooperate with the insurance carriers offering you a defense. Once a defense attorney is assigned to represent you, I suggest you have a face-to-face meeting with the attorney to find out exactly what is going on and what, if any, personal exposure you may have in this incident. The attorney appointed by the insurance carrier for your employer will technically be your attorney. You will be the attorney's client and the attorney will owe a fiduciary duty to you to exert his best efforts to defend 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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