Why do you think a defendant does not answer a Complaint filed against them when they are at fault in an auto accident?

Asked over 1 year ago - Nashville, TN

The defendant just gave Complaint and Interrogatories to her insurance adjuster. Therefore, I have filed for a Default Judgment. Just wondering how you would size up this opponent.

Attorney answers (4)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    5

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    Answered . The fact that they have not answered at this point says nothing about your opponent because the insurance company apparently didn't know that she had been served. Now that the insurance company is aware of the suit, it will hire an attorney to defend its insured. Once you know who the law firm representing the lady, your lawyer should be able to tell you their reputation for handling matters.

    Good luck.

  2. George Costas Andriotis

    Contributor Level 20

    3

    Lawyers agree

    Answered . Their insurance company will ask for an extension, it will be granted and they will answer. Get an attorney if you don't already have one.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Harry Edward Hudson Jr

    Contributor Level 20

    3

    Lawyers agree

    Answered . That the defendant is at fault, at this pint, is merely your concluion. There could be a number of reasons. But that is not relevant to your situation. Your concern is obtaining fuds to pay for your damages. Depending on the defendant's finincial situation, which includes her insurance agreement. A lack of notice by her to her carrier may result in a denial of coverage. You may not collect.
    From your post, I would guess that 1) you are not represented and 2) are appluying the rules a bit more narrowly than a court would [meaning tht there are frequently excetions and loopholes]. You are going to need an attorney.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The insurance company will answer, now that they know.

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