How do I write response to a car accident lawsuit?

Personal Injury 1 views 3 answers
I was in an car accident in the summer of 2005. I am now being sued from the passenger in that accident with me. I just received the summons/complaint 4 days ago. I was told I have 20 days to write a response back to their attorney and to the court it was filed in. I have no idea what I am suppose to write in the response. I can't afford an attorney and have no one to help me. Can anyone please help me.

Attorney Answers

3
David Madden ·
Didn't you have insurance? If so, they should be dealing with this. Contact them immediately. If you didn't have insurance and can't afford an attorney, you may be able to get a little help from your local Legal Aid society, or a nearby law school. They may offer free or inexpensive help with pro se ("do it yourself") filings. If you can't find any other options, the court may have fill-in-the-blank forms that you can use to prepare an answer. They won't be great, but at least they have the minimum required information, so you probably won't lose by default because something is wrong with your answer. You really need some kind of legal help, though, because you need to come up with a defense to your passenger's suit. There may be something wrong with the complaint, or the statute of limitations may have run, or something else -- only a New York lawyer will know what's appropriate. Finally, you're aware that if you lose the suit, you'll probably owe your passenger money, right? It's probably a good idea to start thinking about how you're going to pay the judgment. You may also want to consider negotiating a settlement with the other side (but don't skip the answer just because you're talking to them!)
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
You should immediately contact the automobile liability insurance Co. you had at the time of this accident. Advise them that you have been sued. They have an obligation to retain an attorney for you at no charge to you and the attorney will file a response for you. This is why you pay an insurance premium to help you out when you get into a jam like this. If you did not have insurance at the time of this incident, I suggest that you contact a civil defense attorney who routinely handles auto accident claims, and ask the attorney to file the response on your behalf. You will probably need to pay him for his time. Do not delay in filing a response within the required time period, otherwise you could have a default judgment entered against you. Do Not Delay in Seeking Counsel. Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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Jeffrey Donato ·
The first thing that comes to mind is that your own Automobile Insurance Carrier should cover you in this matter. Accordingly, you should contact the insurance carrier you had at the time of the accident, and send them the Summons & Complaint (keep a copy for yourself). Send it to them in writing and send it by Certified Mail - Return Receipt Requested (so you have proof that you sent it to them). Ask them to assign counsel to your case (this is part of what you pay for in your insurance premium). There should be no extra cost to you to do this. Another matter that should be addressed is the fact that you said your accident was in the Summer of 2005. If your accident was in New York, there is a 3 year statute of limitations. Therefore, your defense counsel should be able to get the case dismissed based on failure to prosecute within the prescribed period of time. However, technically you do have 20 (or 30 days depending on the method of service) to respond with a written Answer to the Summons and Complaint. Time is of the essence. Do not delay.
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