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A person claims I hit them. No damage to his Van. He filed in small claims. I have insurance. What recourse do I have.

Woodland Hills, CA |

No contact. Probably a transmission problem that he interpreted as impact. He called police to file a report. Police told me to to worry. I informed my insurance company. I have pictures of his van showing no impact damage. I found a small claims summons taped to my door and received another copy in the mail. Shouldn't this be handled by our insurance companies? Is that proper service?

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Attorney answers 1


I suggest you immediately call your insurance carrier and advise them that you have been sued. You also should forward the summons and a copy of the complaint to your insurance carrier, via certified, return receipted mail. Include a cover letter in which you advise them of the contents of the envelope and demand that they defend the action on your behalf. They will hire a defense attorney for you and that defense attorney can challenge, if proper, the service that was made upon you.

Legal Disclaimer:

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 in 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 advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

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