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Was in accident. Had Insurance. Got summons. What should I do?

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S

sharapov

Guest
California

I was involved in the car accident in Los Angeles, California almost 3 years ago. My car was insured at the time of the accident. It was a 4 car accident on the freeway. I was in car number 3. Today I received a summons from the person that I hit. In the summons it says that I have to file a responce within 30 days. What should I do? Should I file a responce myself or should I call insurance company, that my car was insured under at the time of the accdinet, and let them deal with that situation? If I decide to respond to this summons what form should I use and what shoul I write? If I call my insurance company and tell them about summons, will they file a responce, or I have to do it? What will happen if I tell my insurance company about sumons, and they don't file a responce?
 


G

gimli

Guest
..... What are you being summoned for? Did you report the accident to your insurance company after the accident? If you are at fault for the accident you are responsible for the damages. If you did not submit a claim to your insurance, how do you expect this man to recover his loss?
 

I AM ALWAYS LIABLE

Senior Member
sharapov said:
California

I was involved in the car accident in Los Angeles, California almost 3 years ago. My car was insured at the time of the accident. It was a 4 car accident on the freeway. I was in car number 3. Today I received a summons from the person that I hit. In the summons it says that I have to file a responce within 30 days. What should I do? Should I file a responce myself or should I call insurance company, that my car was insured under at the time of the accdinet, and let them deal with that situation? If I decide to respond to this summons what form should I use and what shoul I write? If I call my insurance company and tell them about summons, will they file a responce, or I have to do it? What will happen if I tell my insurance company about sumons, and they don't file a responce?

My response:

Give the original paperwork to your insurance company who insured you at the time of the accident. They owe you a defense. You make and keep a copy of all of that paperwork.

It sounds like you'll have the perfect defense to the action because it appears, from your post, that the Statute of Limitations has long ago expired. You see, at that time, California had a 1 year Statute of Limitations for injury-causing incidents.

However, if the Summons and Complaint are dealing with property damages, that portion of the Complaint has a 3 year Statute of Limitations and may still be viable.

So, turn the paperwork over to your then insurance company, and let them battle it out with the Plaintiff. That's why you're paying, or paid, insurance premiums.

IAAL
 

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