auto accident

[homer]

Last year my son worked for a auto parts
store. He was hired for delivering auto parts
During his delivery in the company truck he
made a mistake and caulsed a accident.
Needless to say he didnt stay there much
longer, they found a way to let him go.
Anyway he just now recieved the law suit
with a court date 4/2001. also he has
30 days to respond to the court with a legal
letter. we dont have a lawyer. what do we do.
Is the companys insutance responsible to
get him an attorney. who do we contact.
I sure would apprciate some legal advice
on this matter, thank you !!!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by homer:
Last year my son worked for a auto parts
store. He was hired for delivering auto parts
During his delivery in the company truck he
made a mistake and caulsed a accident.
Needless to say he didnt stay there much
longer, they found a way to let him go.
Anyway he just now recieved the law suit
with a court date 4/2001. also he has
30 days to respond to the court with a legal
letter. we dont have a lawyer. what do we do.
Is the companys insutance responsible to
get him an attorney. who do we contact.
I sure would apprciate some legal advice
on this matter, thank you !!!

<HR></BLOCKQUOTE>


My response:

You go to the courthouse, and see the filing clerk. You ask him/her for a Judicial Council Form called a "General Denial" to a complaint for Damages. You fill it out. You file it with the same clerk. You pay your filing fee. You have the clerk make you a "Conformed Copy". Then, you make a copy of that and serve it on the Plaintiff, with an attached Proof of Service, filled in and signed by someone other than you, and drop it in a mailbox to the Plaintiff's attorney.

Next, you ask the same clerk for Judicial Council Form "Interrogatories". You fill out the first page at the top, and then check the boxes (up to 35 check boxes) and attach a proof of service form, filled out and signed by someone other than you. You make copies of all those documents. You mail a copy to the Plaintiff. You keep the originals. You calendar the response for 35 days after the date someone else puts the originals in a mailbox. If the Plaintiff doesn't respond, write back to me.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited September 26, 2000).]

 

[lars coltrane]

did I miss something here? The boy was in the course and scope of his employment; don't you think he should turn the matter over to his employer and have their insurance carrier hire counsel and do all the work. They will pay for cost and for the judgment too.

When was the last time that you heard of an employer suing an employee for an auto accident?

 

[lars coltrane]

did I miss something here? The boy was in the course and scope of his employment; don't you think he should turn the matter over to his employer and have their insurance carrier hire counsel and do all the work. They will pay for cost and for the judgment too.

When was the last time that you heard of an employer suing an employee for an auto accident?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lars coltrane:
did I miss something here? The boy was in the course and scope of his employment; don't you think he should turn the matter over to his employer and have their insurance carrier hire counsel and do all the work. They will pay for cost and for the judgment too.

When was the last time that you heard of an employer suing an employee for an auto accident?<HR></BLOCKQUOTE>


My response:

Hello stranger!! Where've you been, Lars?

Anyway, the presumption is that our writer is being sued by the other driver, not the employer. The employer merely fired the kid; which, by the way, sets up a conflict of interest between the employer's insurance company, the employer, and the kid. However, because of that conflict of interest, the kid may be entitled to Cumis Counsel, paid for by the employer's insurance company. In any event, the employer is also responsible for all of the kid's damages as a result of the kid's negligence under the theory of Respondeat Superior.

The big question is now: How does the kid get the employer to "move off the dime" to get the insurance company to pay for Cumis Counsel? The kid may need to hire his own attorney, at least at the outset, to write to the employer to turn the defense, and payment of the kid's attorney, over to the employer's insurance company.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[lars coltrane]

Good suggestion for the family.

I have been around, just a little busy. Also everyone does such a good job I would only repeat what someone else has already provided.