What to do about a fender bender if I’m now out of state?

UPDATED: Oct 19, 2012

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What to do about a fender bender if I’m now out of state?

I had a minor fender bender nothing serious. No accident report was filed but there were pictures taken. I also gave my insurance info. It’s only been 4 or 5 months. He wants to take me to court for the damages but now Im in another state. What is next for me? Do I have to go back?

Asked on October 19, 2012 under Accident Law, Florida


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

Answered 10 years ago | Contributor

If the other driver files a property damage claim with your auto insurance company, most likely the case will be settled without a lawsuit being filed.  If the case is not settled and the other driver files a lawsuit against you, you don't have to do anything until you are served with the summons and complaint (the complaint is the lawsuit attached to the summons).  When you are served with the summons and complaint, contact your auto insurance company and send them the summons and complaint (keep a copy for yourself).  Your auto insurance company will provide you with an attorney at no cost and the attorney will handle the case for you.  You don't need to return to your former state.

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