Summons served for car accident- Whats next?

Asked about 3 years ago - Memphis, TN

I was in a car accident in Feb this year. The police report was filed against me (though I disputed) and I was given ticket for "not maintaining safe look out". Interestingly, there were no injuries on either side and in fact the other person was able to drive her car after the accident. The police report also says no injuries.

My insurance company called me in March when the claim was in process and told me that the other person has claimed bodily injuries. I didnt hear back from my insurance after that and now suddenly I received summons.

Is my insurance company liable to defend me on this or they can also choose to steer away? Is it possible that the claiments already received money from insurance and now trying to sue me?

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Turn the summons over to your insurance company. That's why you have them.

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  2. Jeffrey Mark Adams

    Contributor Level 20

    Answered . The responsibility of your company is to defend and indemnify (up to your bodily injury limits), your duty is to cooperate. Good luck.

  3. Martin Wade Hodges

    Pro

    Contributor Level 12

    Answered . Based on the information, it sounds like you have liability insurance coverage and therefore your insurance company should take care of you. The party that has filed suit, must personally serve you with a Summons and Complaint. Turn the documents over to your insurance company and they will provide you with an attorney to defend you. Based on the information provided, it sounds like you should have no worries regarding having to pay any money out of pocket. Please let me know if this response is helpful. Good Luck!

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  4. Ira Sherman

    Contributor Level 4

    Answered . Your insurance company is responsible to defend you by providing counsel.

  5. Gregory Thomas Mueller

    Contributor Level 1

    Answered . Mail or fax or scan/e-mail the summons to the insurance company immediately. You may have 30 days, or less, to inform your insurance company that you have been served. Your insurance company has a duty to defend you and a duty to indemnify you. The duty to defend is the duty to hire an attorney to protect your interests. The duty to indemnify is the duty to settle or pay any judgment up to the policy limits. The insurance company cannot "choose to steer away" from defending you or indemnifying you. It is not likely that the insurance company would paid any money to the claimant and also allowed the claimant to sue you, except for payment of property damage and medical payments coverage. Send the summons to the insurance company and let them handle it.

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