Whichever insurer covered you at the time of the collision has the duty to defend (including provision of an attorney) and the duty to indemnify (pay the damages). Contact that insurance company asap and give them a copy of the complaint and summons you were served.
Dennis Phillips, Esq.
Balliro Seltzer, LLC
I agree with Mr. Phillips answer.
Good luck enforcing it however. You may have to hire an attorney to get them to do what they're supposed to do. But don't back off. Force them to represent you nonetheless.
They have a duty to defend you within the insurance contract language. If the coverage is through the trucking company (owner of the truck) they will want to represent you to make sure they prepare you for their liability defenses.
If you are in the course and scope of your employment at the time of the accident, you are generally covered under your company's automobile liability insurance policy or general liability policy. As an insured under the policy, they have an obligation to provide you with an attorney. You need not pay for one yourself. However, if there is a potential that a judgment against you could exceed the policy limit provided in your employer's insurance policy, you may then find it advisable to hire your own attorney to protect your individual interests.
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 insure proper advice is received.
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