If I was at fault for a minor fender bender about a year ago and today was served with a summons that I am being sued for personal injury, do I need to get an lawyer?

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If I was at fault for a minor fender bender about a year ago and today was served with a summons that I am being sued for personal injury, do I need to get an lawyer?

My insurance was working with the other party. I have 30 days to respond. Will my insurance handle this?

Asked on July 26, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Contact your insurer, provide them copies of any documentation you received, and ask them if they are handling this. If they are, you most likely do not need your own attorney. If they are not handling it, ask why...and hire an attorney to defend you. Provide the attorney with, among other things, a copy of your policy and the explanation from the insurer as to why they are not handling this matter. It may be that attorney, in addition to defending you from the lawsuit, will be able to bring a claim against your insurer for breach of contract, if it looks like they are dishonoring their policy (which is a contract) obligation to defend or indemnify you.

Note that the above answer presupposes that the suit is for a large enough sum that it's worth defending; if its just for a few hundred dollars, you may wish to either pay it or try to settle for a mutually agreeable amount, since you could spend more on the attorney than it would take to settle the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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