If while backing out of a garage a vehicle hit the car I was driving and is now claiming an injury, what do I do about the Summons and Verified Complaint?

They have filed a lawsuit. However, no ambulance was called at time of accident and the person drove car their home. Also, the police report is in my favor.

Asked on February 24, 2015 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since the police report was in your favor and based on your description of the accident, the other party is at fault.

You will need to file an Answer to the Complaint prior to the deadline set forth in the Summons.  If the Answer is not timely filed with the court and served on the opposing party by mail, the opposing party could get a default judgment against you.  The Answer denies the allegations in the Complaint.  The general format for an Answer to a Complaint can be found in Pleading and Practice at the law library.

It would be advisable to refer this matter to your auto insurance company  which will handle the case for you.  Your auto insurance company will provide you with an attorney at no cost to you.


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