What should I do if I am being sued for an accident that was my fault but my insurance company is not moving forward in a timely manner?

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What should I do if I am being sued for an accident that was my fault but my insurance company is not moving forward in a timely manner?

I turned court documents to my insurance agent and they keep telling me they are taking care of it. However, I’m worried the court document states that I have to reply within 30 days and I don’t think my insurer has done so. The insurance agent had confirmed multiple times that they have contacted the other party’s attorney and they are trying to work a settlement. Do I still need to reply to the court within the 30 days or should I trust the insurance that they are dealing with it?

Asked on April 30, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you or your insurer needs to reply within 30 days or you will lose by default (like forfeiting a ball game by not showing up). There are ways to set aside (or undo) a default, but they are not guaranteed--you don't want to have a default against you and take the chance it won't be vacated. Send your insurer a letter sent some way or ways you can prove delivery (e.g. by certified mail or Fed Ex with tracking) with a copy of the court notice, reminding them of the deadline and letting them know you will hold them resonsible for any losses you suffer due to a failure to answer or reply.


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