What should I do if I am being sued for a car accident? - Accident Law Questions and Answers- LawQA.com

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What should I do if I am being sued for a car accident?

I was in a car accident, it was my fault since I lost control of my car. Now the lady whose car I hit wants money can she win? I don't own anything I don't have any savings. I have 4 kids and my wife was let go from her job so right now my family and I live from only my pay check to pay check.

C Meryl Murphy, Attorney-at-Law, LLC
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If you are being sued for a car accident, the first thing you should do is to report the accident to your insurance company. In reporting the accident, you should also give your insurance company as much information as you can about the lady referenced in your question so that they may possibly conduct their own investigation into the accident. Also, they will give the accident a claim number. When this lady contacts you about anything dealing with this accident, you should give her the phone number and claim number of your insurance company and ask her to contact them directly.

Answer Applies to: Texas
Replied: 8/2/2011

Answer By Josh Lamborn
The Law Office of Josh Lamborn, P.C.
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Your insurance is contractually responsible for representing you on this claim and for indemnifying you up to your policy limit should you be found responsible. You should contact the adjuster from your company and find out what they are doing to represent you. If you do not have insurance then the person who was injured would have to sue you to get a judgment against you and they attempt to execute the judgment by garnishing your wages or tax returns. It is unlikely they would do so, but possible. More realistically, the injured party probably has insurance and would pursue an uninsured motorist claim against their own company.

Answer Applies to: Oregon
Replied: 8/1/2011

The Lucky Law Firm, PLC
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First thing you should do is contact your automobile liability insurance carrier and discuss the case with them. They will provide an attorney to defend you in any legal action. It is their obligation to represent your best interests and to help protect you from any personal liability. Of course, this answer presumes that you maintained the mandatory liability limits. If you did not, then she can definitely bring suit against you to hold you liable for her damages. If you are unable to pay, then there are several options that she has to attempt to get the money that she was awarded.

Answer Applies to: Louisiana
Replied: 8/1/2011

Law Offices of Earl K. Straight
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If you had auto insurance at the time, you need to let them handle it for you. Otherwise, you can either defend yourself or hire an attorney. Either way, you can choose to settle with her or not. If not, the worst thing that happens is she files a lawsuit. If she does, and yes she can win since the accident was your fault, you need to show up in court and make her prove her damages. The worst thing you can do is ignore her suit, thus allowing her to take a default judgment against you for basically any amount she wants, since you did not contest any of her claims. Your ability or lack of ability to pay a judgment will not be a factor in her suit, but it will come into play if and when she attempts to collect money from you after she obtains a judgment.

Answer Applies to: Texas
Replied: 8/1/2011

Law Offices of Tom Patton
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If you have insurance, just call them and let them know you have been sued. If you don't have insurance, just call the attorney who represents the plaintiff, and let them know that you were uninsured. The attorney will probably then look to his or her client's uninsured motorist coverage, and probably leave you alone.

Answer Applies to: Oregon
Replied: 8/1/2011

Answer By Thomas Bulman
Bulman Law Associates PLLC Injury Law Firm
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That is what car insurance is for. If you were driving without insurance, shame on you. Now you have to defend yourself in court. Eventually, you can file bankruptcy to escape payment of the judgment for damages.

Answer Applies to: Montana
Replied: 8/1/2011

Answer By Steven R. Kuhn
Law Offices of Steven R. Kuhn & Associates
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Your financial condition has no effect on fault for the accident. If you had car insurance at the time of the accident, turn this over to them. If not, since you have no assets, you may want to talk with a bankruptcy attorney. You may also want to talk with an experienced personal injury attorney.

Answer Applies to: California
Replied: 7/31/2011

Coulter's Law
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Call your insurance company. Legal representation is part of your car insurance

Answer Applies to: New Jersey
Replied: 7/31/2011

Answer By Jared Altman
Law Office of Jared Altman
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You should give a copy of the papers that were served on you to your broker or insurance company right away. Your insurer will provide you with a defense.

Answer Applies to: New York
Replied: 7/30/2011

Ewusiak & Roberts, P.A.
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Sorry to hear about your situation. If you have insurance, you should contact your insurance company immediately and make sure they are aware of the claim. They should hire you a lawyer to defend you, and pay any judgment up to the amount of your insurance limits. If you don't have insurance and you get sued, you want to make sure you answer the Complaint within the time given so you are not defaulted. Hire a lawyer if at all possible to help make sure you can at least keep the amount she can recover to a minimum. In a worst case scenario, you could file bankruptcy if she recovers a judgment against you and you have no way to pay it. A bankruptcy lawyer may be willing to help you. Most offer a free consultation, and they could give you specific advice about the financial implications of an adverse judgment.

Answer Applies to: Florida
Replied: 7/30/2011

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