What to do if I was in a car accident almost 2 years ago and today I was given 2 Writ of Summons?

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What to do if I was in a car accident almost 2 years ago and today I was given 2 Writ of Summons?

Both plaintiffs are claiming $10,000. I am 19 years old now; I was 17 when the accident happened. I have not worked a day in my life, I still depend on my parents for everything. So, I do not work, own any property, and the Summons was sent in my name and not my fathers. I find that weird because I am under his policy. Do I have to go to court? Or will my insurance go for me?

Asked on January 23, 2013 under Accident Law, Maryland

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to do a couple of things right now.  The first is to contact the insurance provider that you had at the time of the accident and let them know that you are being sued.  Most will provide an attorney to help with your defense.  However, they can't defend you if they don't know about it.  Second, you do need to file a response to the summons if your insurance company either refuses or drags their feet.  If you do not respond, a default judgment could be entered against you and haunt you for several years.  After you file the answer, find a personal injury/car wreck attorney to help you.  You may have to get a job to pay for the attorney, but you are too young to be saddled with a $10,000 debt. 

Because you are an adult now, they are required to serve you with the summons.  It doesn't matter that you are on his policy or are dependent on your dad.  What matters is that you were the driver.  They could potentially include your father in the suit if he was the owner of the vehicle, but they are not required to do so.

 

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to do a couple of things right now.  The first is to contact the insurance provider that you had at the time of the accident and let them know that you are being sued.  Most will provide an attorney to help with your defense.  However, they can't defend you if they don't know about it.  Second, you do need to file a response to the summons if your insurance company either refuses or drags their feet.  If you do not respond, a default judgment could be entered against you and haunt you for several years.  After you file the answer, find a personal injury/car wreck attorney to help you.  You may have to get a job to pay for the attorney, but you are too young to be saddled with a $10,000 debt. 

Because you are an adult now, they are required to serve you with the summons.  It doesn't matter that you are on his policy or are dependent on your dad.  What matters is that you were the driver.  They could potentially include your father in the suit if he was the owner of the vehicle, but they are not required to do so.

 


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