QuestionWell, let me start by saying forgive me if I don't get everything correct. I have little to no knowledge in any fields of law.
Anyways, about one year ago I got into my first car accident. It was very minor, but my fault, and no one was injured. I was not issued a ticket, and there were no reports of injury on the police report. A cracked radiator from the shock and a dinged up bumper was the result. I took about equal damage, but nothing bad. Dinged up hood and a broken light.
A few months later, I get a letter stating that "X insurance Company" has filed a claim against me, for property damage and injury's. At the time, I did not have Bodily Injury, but I was insured of course. ( I live in West Palm, FL). Well, eventually...they wanted to settle. Them paying the 10k coverage..and me paying a remainder 12k through payments. The problem is, I'm a 22 year old male, living with my parents and supporting through paying rent. We're not wealthy, and we barely get by. I have nothing but a car to my name, that I'm still paying for. At the end Of each month, I'm lucky to have $50 to my name. After speaking to them, I asked for some time to think about it, and they agreed.
Fast forward to now, And I receive a summon with a lawsuit, and requesting me to reply with a written defense in 20 days. With them stating 15k! Property damage, and 16k! medical. I know for a fact that has to be complete bull. A dinged up bumper, and cracked radiator..do not cost 15k in repairs. And there were no actual injuries of course. Anyways, It was my fault for waiting a little to long to reply about the settlement..but I couldn't afford what they were asking, and I was stressed and scared. Time is short, and I don't know what to do!
Is my previous company required to get me a lawyer? Is it to late to settle!? I Have no idea what steps to take. Again, I really have nothing to my name. No saving accounts, college funds, nothing. Some others have said to get a "lease" or something of the sort showing my income and bills, etc. to show them that I have no money to spare.
I'm in desperate need of help and time is short. I don't know what steps to take, what to ask of from my insurance company, or what to do. I am completely and utterly lost. I can provide more information if needed, but at the time my papers aren't on me.
I will desperately and greatly appreciate any of your help. Thank you.
AnswerHello again, David,
I am revising my answer to you in four ways.
FIRST, I wanted you to know that if you do not send in that written
Answer I prepared, or something akin to it, then the Plaintiff can get a default judgment against you. Sending in the Answer prevents them from doing that and sets the matter among the contested cases. No trial need be set right away inasmuch as the attorney will likely do "discovery" of your assets and likely just bow out since there is no reason to go any further.
SECOND, you do not have to add in the counterclaim. I just did that in case there is any basis at all to claim that this person could have avoided the accident had he been paying attention.
THIRD, even if you have let the twenty days go and you are beyond that time, you still should prepare and send and file a written Answer.
FOURTH, should they eventually obtain a large judgment against you, there is always the chance of relief for you by using the bankruptcy court to discharge that debt. You will then owe nothging.
I hope you got sufficient information from my efforts here,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
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Hi David,
Your former insurance company does have a duty to defend versus the property damage part of the claim. But you must get some written response of record whilst awaiting the appearance of an attorney hired by your company.
The VERY FIRST THING TO DO IS TO WRITE A LETTER TO YOUR INSURER and send a copy of the lawsuit to them and tell them to defend the property damages part of it. If your insurer does not have a local claims office to which you could deliver the lawsuit (making sure to get your own copy stamped with the date received), then SEND IT VIA CERTIFIED MAIL. It will take some time for them to figure out what to do, and in the meantime the 20 days will expire, so you also have to get an "Answer" of record with the attorney and the court file.
Write the Answer admitting partial liability, but also contending that the plaintiff is also at fault. Then deny that the damages were not the result of the accident, or are only in part attributable to the accident. I will give you some words below.
SEND it via CERTIFIED MAIL TO THE ATTORNEY AND ALSO SEND IT TO THE CLERK OF THE COURT (name of the court is in the caption of the complaint). Make a copy and send it to your insurance company.
You MUST do this ASAP. Do not let even one day elapse since you can ALWAYS later amend your answer. I will tell you what to do for a quickie, and your attorney and you can amend the answer later, but get this answer to them for now.
Here is what to put on your Answer. Do NOT worry about making a template of a legal pleading. I mean you CAN do that if you wish to spend the time—just Google the name of your word processor and the words "legal template" and an example will be given.
But legal pleadings are NOT required in the emergency you are in. Just make the letter to BOTH the attorney AND to the Clerk of the Court (call for name and address).
Put both of their names and addresses on the letter. Put in the court name and the cause number of the case.
Then title the letter in the subject line: "ANSWER and COUNTERCLAIM"
Then make up something along these lines.
ANSWER and COUNTERCLAIM
As and for an Answer to Plaintiff's Complaint, AND a Counterclaim against the Plaintiff, Defendant respectfully pleads and shows the court as follows:
1. I admit partial liability for the accident in that I did breach a duty of care I owed to other drivers. The percentage of my liability will be proven at trial.
2. The Plaintiff also breached a duty of care owed to me. As a result of that breach, the Plaintiff is also partially at fault for his own damages. The Plaintiff's percentage of liability will be proven at trial.
3. The crash was minor, and did cause negligible damage to both vehicles. But beyond that negligible damage, the crash did not cause the damages to property alleged by the Plaintiff.
4. The trauma suffered by the Plaintiff was negligible, and did NOT result in the injuries alleged by the Plaintiff.
5. As and for a Counterclaim, Defendant alleges that Plaintiff, through his negligence did cause damage to Defendant's vehicle in an amount to be proven at trial.
Dated_________
Signed_________
Your typed name and address
That will get you off the hook and your own insurance will defend the property damage claim while their adjuster or attorney can help you to resolve the bodily injury claim.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
