Help I've Been Sued!
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If the case was a car wreck case, you should contact your car insurance. If its another type of case, you should contact either your business or homeowners insurance. Usually, your insurance agent will direct you to whom to inform, or some will even take care of it for you. Sometimes you might not get a response from your insurance company, or they may open a claim and the assigned adjuster may not get to it right away. Cover yourself by making copies of your papers and sending a copy to your insurance company and your insurance agent. Send them certified mail return receipt requested. Be sure to send them copies of all the papers you were served. Write a letter with the copies that says: Dear Insurance Company, on _____ date, I was served with the enclosed papers. Pursuant to my policy number _______, I am requesting that you defend this suit. Yours Truly, your name. Don't Delay: Liability insurance requires that you keep your insurance company informed and that you request them defend the case. If you assume that they are going to take care of you, but don't promptly inform them, then you may be violating the policy. If you violate the policy, you could loose your coverage. Thus, be sure to keep your insurance company well informed. Should I hire my own Lawyer? Usually, you don't need to hire a lawyer beyond the one the insurance company hires. The lawyer they hire is obligated to represent you, not the insurance company. Even though the insurance company is paying him, his ethical obligations are to you, and you, not the insurance company, are his client. |
Exception: there are two reasons to hire, or at least consult your own lawyer. First, if the insurance company tenders a defense under a "reservations of rights" or is denying coverage, immediately seek your own lawyer. If there is a confusion he may be able to clear that up to keep your coverage intact. A reservation of rights letter is a letter from the insurance company reserving the right to deny coverage later. Second, if you believe the lawyer that the insurance has provided is asking you to do something wrong, then consult your own lawyer. This is very rare, but sometimes a lawyer may be too zealous. If you think thats the case, consult an attorney outside the one working under your insurance company. If you don’t have insurance, go see a lawyer. Bring all your papers, and any other papers you have that regard the case against you. You can contact local bar associations to ask for a referral. Don’t delay because you will have only so many days for an answer to be filed. Be sure you know that date and get in the lawyers office well before that. If you think you can’t afford a lawyer, go talk to some anyway. Many may be willing to work out a payment plan, or could steer you the right direction to resolve your case. If its something you think you clearly owe, you should probably contact a lawyer anyway. You can tell him you want to resolve the case, and ask if he could he help you do that quickly to save money. If you’re trying to avoid legal expenses, you could contact the other person’s lawyer, but be warned. He represents the other side, and his obligations are to his client not you. If you reach an agreement without a lawyer, be sure to get it reduced to writing. Insist that you get a full release of all claims. Finally, if your not going to hire a lawyer, and you have no insurance, then you need to answer the lawsuit. (We still suggest that you hire a lawyer). The court house will have a law library, and you can research how to do so there. If you don't answer, the court may enter a default against you, and your ability to negotiate will be gone. |
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Call your insurance company. If you have insurance, call them. Inform them that you’ve been served with suit papers. They will tell you what to do from there, and you probably will not have to worry much about it further. They will hire a lawyer to defend you, just be sure to stay in contact with that lawyer and cooperate with them fully.
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