I was served with a summons and complaint for an auto accident however, 30 days have passed. My auto insurance told me that they would file the answer but have not done so.
Check with the auto insurance company; specifically ask if they have assigned it to an attorney. Ask for the attorney's name and contact information. Then call the attorney.
There are ways an attorney can delay the time for filing an answer, and that may be in the works. You need to be sure you cooperate with your insurance company; don't do anything unless they tell you to do it. If the attorney they have assigned wants to file a demurrer to the complaint, you will goof that up if you go file an answer on your own.
If the insurance company goofs this up, they will have to pay the bills for getting it ungoofed up--but they don't want you to interfere.
As long as your insurance company acknowledges receipt of the lawsuit, and does not dispute
their obligation to defend you, you have nothing to worry about. Court's recognize that it
sometimes takes more than 30 days for an insurance company to hire a law firm to
represent you, and for that firm files its appearance/answer. I would check back with
the insurance company and find out who they hired to represent you, then call that firm
and ask them to mail you a copy of their appearance/answer.
My colleagues are correct. Get confirmation from the insurance company in writing together with the claims number they have assigned. Speaking with their counsel to indicate your willingness to cooperate usually makes a good impression and is helpful.
Yes, you can file an answer despite the fact 30 days have elapsed. As long as the plaintiff has not filed a request for entry of default, the clerk should accept your answer for filing.
There is a good possibility that your insurance adjuster or an attorney appointed by your insurer has obtained an extension of time to respond to the complaint. (Parties can stipulate to extensions of time.) Even if there is no such stipulation, an answer or other reponsive pleading can be filed as long as default has not been entered. Even if default has been entered, your attorney can move to set aside the default. In short, as long as you have notified your insurer and they are aware of the situation, don't lose any sleep over this. You may want to give the adjuster a call and ask about the status of your case.
