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