Did nothing, got summons - what to do?

[jonathanH]

I live in northern California. Yesterday, I got a summons from Santa Clara County sued for personal injury(amount >10000). The complaint states: On or about 02/27/2000, the palintiff was on the entrance ramp onto Hwy and was caused to be injured as a result of the negligent operation of defendant's vehicle by the defendant. It is alleged that the defendant was in violation of California Vehicle Code Section 22350 and further was following plaintiff's vehicle too closely for the driving conditions.

I was shocked because I was not in the area as described(can prove with my credit card statements and I do not drive to that county at all). Can it be misidentification? The plaintiff did not describe any details about how and what happened, no description of the vehicle, license plate number, other than having my name right. Can this be a scam? Regardless how ridiculous it can be, what should I do next? Do I need to hire a lawyer or write a letter and appear the court on the day shown on the summons to defend as an individual defendant? I never received anything before this summons, that's why it was so shocking to me.

I tried to call the plaintiff's attorney. Could you explain why he can never be reached by telephone?

Thank you very much!

 

[I AM ALWAYS LIABLE]

I live in northern California. Yesterday, I got a summons from Santa Clara County sued for personal injury(amount >10000). The complaint states: On or about 02/27/2000, the palintiff was on the entrance ramp onto Hwy and was caused to be injured as a result of the negligent operation of defendant's vehicle by the defendant. It is alleged that the defendant was in violation of California Vehicle Code Section 22350 and further was following plaintiff's vehicle too closely for the driving conditions.

I was shocked because I was not in the area as described(can prove with my credit card statements and I do not drive to that county at all). Can it be misidentification? The plaintiff did not describe any details about how and what happened, no description of the vehicle, license plate number, other than having my name right. Can this be a scam? Regardless how ridiculous it can be, what should I do next? Do I need to hire a lawyer or write a letter and appear the court on the day shown on the summons to defend as an individual defendant? I never received anything before this summons, that's why it was so shocking to me.

I tried to call the plaintiff's attorney. Could you explain why he can never be reached by telephone?

Thank you very much!

My response:

With the exception of the following, you do nothing more.

Now, immediately call your insurance company and explain the situation. They will give you instructions for mailing the Summons and Complaint to them. Enclose a written explanation with your package. Send the same to your insurance company via Certified Return Receipt (a "must"), and make a set of copies for yourself.

IAAL