What to do if I received a summons and complaint from an insurance company for an accident where I did not have insurance?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I received a summons and complaint from an insurance company for an accident where I did not have insurance?

On the complaint, the information about my car is incorrect, model and VIN. Is this a valid complaint now that the information is incorrect?

Asked on September 26, 2012 under Accident Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

The complaint is valid because you have been named as the defendant, who was uninsured and at fault in the accident despite the erroneous information about your car.

You will need to file with the court an answer to the complaint and serve a copy by mail on the opposing attorney within the time set forth in the summons.  If you don't timely file an answer to the complaint, the opposing party will obtain a default judgment against you.  A default judgment means you have lost the case.  If that happens, you will need to file a motion to set aside the default.  If the court grants your motion to set aside the default, the case will be back on track and litigation will continue.

The answer to the complaint denies the allegations in the complaint.  You can deny the information in the complaint about your car.

At the law library, look for answer to complaint in the index of Pleading and Practice.  This will give you the general format for an answer to a complaint.  At the end of the answer is the verification which attests to the veracity of the statements in your answer to the complaint.  You sign and date the verification under penalty of perjury.  File with the court the answer to the complaint with verification and an attached proof of service, and serve a copy by mail on the opposing attorney.  You can either use a court form proof of service or you can write your own.  The proof of service verifies the date of mailing to the opposing attorney.  If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to __________ (name and address of opposing attorney) on __________ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.  


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption