What to do if I got a letter stating thatI was being sued for a car accident that happened 3 years ago?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I got a letter stating thatI was being sued for a car accident that happened 3 years ago?
I thought NY was no fault insurance?
Asked on September 15, 2011 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When you are served with the summons and complaint (the complaint is the lawsuit attached to the summons), refer the matter to the auto insurance company you had at the time of the accident. The insurance company will handle the matter and will provide you with an attorney at no cost to you.
If you did NOT have auto insurance when the accident occurred, you will need to file an answer to the complaint after being served with the summons and complaint and your answer will need to be filed with the court before the deadline stated in the summons elapses.
If you did NOT have auto insurance at the time of the accident, after you are served with the summons and complaint, look for answer to complaint at the law library in the index of Pleading and Practice. This will give you the general format for an answer to a complaint. The answer denies the allegations in the complaint. At the end of the answer is the verification which you sign and date under penalty of perjury. The verification attests to the veracity of your statements in the answer to the complaint. Attach a proof of service to the answer to the complaint and file it with the court and mail a copy to the opposing party's attorney. You can use a court form proof of service or you can write your own. If you write your own proof of service, it just says that you are at least 18 and the attached documents were sent via first class mail unless stated otherwise to _________ (name and address of opposing attorney) on ___________ (date). You sign and date the proof of service at the bottom. The date you sign should be the same as the date of mailing and the same date you file it with the court.
If you don't file the answer to the complaint before the deadline stated in the summons, you will lose by default. If that happens, you will need to file a motion to set aside the default. If the court grants your motion to set aside the the default, the case is then back on track and litigation continues.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.