If I'm being sued for an accident that was caused by a medical condition, what can I do that will help my case?
Question Details:
I was driving along and suddenly started loosing consciousness. The fear of it while being nearly unconscious caused me to jolt (caused the wheel to turn) and I accidentally crashed into the other vehicle next to me (other lane). I didn't have insurance and that was the only ticket I got, but the prosecutor dropped the charges for the no-insurance with prejudice saying I wasn't at fault. Now the insurance co. is suing me by jury for an amount that is way beyond the damages after they told me I could make payments. They never called me back, just sent me a summons. What can I do in my state?
You should respond to the lawsuit (the lawsuit is the Complaint attached to the Summons) by filing an Answer to the Complaint. The Answer denies the allegations in the Complaint. It would be advisable to have an attorney represent you.
If it is not feasible for you to be represented by an attorney, at the law library look in the index of Pleading and Practice under Answer to Complaint. This will give you the general format for an Answer and will also provide sample answers to complaints. At the end of the Answer, you will see the Verification. The Verification should be included in your Answer . The Verification attests to the veracity of the statements in your Answer signed under penalty of perjury. The Answer needs to be filed with the court and served on the other party (insurance company) within the time period stated in the Summons. Attach a proof of service to the answer. For the proof of service, you can use a court form or you can write your own. If you write your own proof of service, it just says that you are over 18 and the attached document (Answer to Complaint) was sent via first class mail unless otherwise specified to _______ (name and address of attorney for insurance company) on ________ (date). You sign the proof of service under penalty of perjury. The date you sign, the date of mailing and the date you file the answer and proof of service with the court should all be the same date.
If you don't file an Answer to the Complaint, you will lose the case by default.
You should obtain your medical records showing that you have the medical condition you claim for losing consciousness. You should also use the judgment and records from the other case in which you were determined to have not been at fault in the accident. The medical records and the court record from the other case will help you at trial or if the case doesn't go to trial, to try to resolve it.
Again, it would be advisable to have an attorney represent you.
If you do not prevail in the case and the insurance company gets a judgment against you, you might want to consider filing bankruptcy. Your eligibility to file a Chapter 7 bankruptcy will depend on your income and other factors.
