How can I be sued for a car accident I wasn’t in?

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How can I be sued for a car accident I wasn’t in?

I am being sued by someone I don’t know,
never seen, and certainly never was in
an accident with. They claim I caused
the damage, pain, and compassion of
their marriage, yet I’ve been at home on
bed rest througout my whole pregnancy
because I am high risk. Whoever it may
be that hit them, wasn’t me and wasn’t
my vehicle They are causing me pain and
stress by involving a 9 month high risk
pregnant woman in something I wasn’t a
part of What do I do? I have enough to
worry about.

Asked on June 21, 2018 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, if you received a summons and complaint, make sure you respond to it--that is, file an "answer" in court and also serve or send it to the other side--within the time frame indicates on the complaint. If you don't, the you lose automatically, by "default." In the answer, deny all the allegations or claims against you and also state that you are not the person involved in or who caused the accident: that it was not your car, that you were in bed rest, that you were not in any accident, etc. Once you do that, call their attorney and reiterate what you out in the complaint and also that if they do not dismiss the case, you will countersue and/or seek sanctions against their attorney for frivolous litigation, but that you would rather not do that: you want the case to just go away, and they can sue the correct person. If they will not dismiss the case, retain an attorney to represent you and also counter sue or seek sanctions.
Ideally, you would get an attorney from the beginning, to draft and file the answer for you. But that means you will paying a lawyer from the start, even if the case is dismissed. If you don't want to do that, proceed as above.


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