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  1. #1
    Join Date
    Feb 2009
    Posts
    3

    Default Accident Victim Sues Another Victim

    My question involves a traffic accident in the State of: California.

    Hello,

    I have a question regarding my case... it's a bit complicated but I will try to keep it concise as possible.

    Background of Traffic Accident Spring of '08:
    There were 2 cars at the left most lane (protected left turn lane), waiting in red, facing N from the S side of street 1. The front car was "A" and the second car was "me". We were both still. To the E of us, a truck "B" was in the left most lane (also protected left turn) of street 2, facing W and taking a left turn towards the S of street 1. However, B took the turn and lost control and had a semi-head-on collision with A. In turn, A rotated and shifted backwards due to the impact and the passanger side rear fender hit my front bumper. I got a measly hole in the bumper that's the size of a tennis ball. A and B were totalled.

    According to the police report, B was at fault. Early summer of '08, my insurance took care of the car damages and assured me everything was taken care of. Not a problem!

    Skip to two days ago... I received a package from the Law Firm representing A. The package included a Summons, Civil Case Complaint, Case Management Statement and other papers. The Firm placed ME and B as defendants with A as the plaintiffs. Basically A is suing ME and B! The kicker is that these papers were filed last year from May to December. However, I moved out of my apartment during the summer (got a new job) and honestly had no clue about these papers nor the situation.

    My questions:
    1. Because the Case Statement Hearing was on January of '09, I missed it since I had no prior knowledge of this fiasco. Since the next Case Statement Hearing is several months from now, I'd like to get this overwith NOW. Is there any way I can provide a written statement or petition an audience with the judge regarding the situation as a substitute Case Statement Hearing on my behalf?

    2. Now that I have been "served", what can I do at this point? Clerk tells me i can "file an answer" within 30 days of the package delivery receipt. What must I do to "file an answer"?

    3. Is there even a case?

    4. Will my insurance represent me during these type of cases?

    I was hoping the judge would throw this one out if the Honorable understood that I am also the victim here...

    Thanks in advance,
    Andy

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Victim Sues Victim. WHAT

    Have you informed your insurance company of the lawsuit, and turned it over to them to defend you? If not, that should be the first thing on your "to do" list when they open in the morning (assuming they don't have a 24-hour claims center, in which case you can call them now).

  3. #3
    Join Date
    Feb 2009
    Posts
    3

    Default Re: Victim Sues Victim. WHAT

    Quote Quoting aaron
    View Post
    Have you informed your insurance company of the lawsuit, and turned it over to them to defend you? If not, that should be the first thing on your "to do" list when they open in the morning (assuming they don't have a 24-hour claims center, in which case you can call them now).
    You are absolutely right. I think my insurance has 24 hour claims service. I will give them a call once my work is over.

    If, and what if, my insurance refuses to defend me? Then what should I do?

  4. #4
    Join Date
    Feb 2009
    Posts
    3

    Default Re: Accident Victim Sues Another Victim

    Update:

    Called my insurance company last night (thank goodness for 24 hours claim service!) and they too received a package from the Firm. Fortunately, the insurance already signed the papers and are "representing their client". They will dispatch an attorney today.

    Now I know the essence of a good insurance company... please drive with one.

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