What to do if I was in a car accident over a year ago but was uninsured at the time and am just now being sued for personal injuries and damages?

UPDATED: Jan 3, 2015

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What to do if I was in a car accident over a year ago but was uninsured at the time and am just now being sued for personal injuries and damages?

I was without insurance at the time of accident and need some advice on what my next step would be. I need to know what type of attorney I should be looking for.

Asked on January 3, 2015 under Accident Law, Tennessee


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

Answered 8 years ago | Contributor

Your next step is to file an answer to the complaint.  The complaint is the lawsuit with which you have been served.  The answer must be filed with the court and served by mail on the opposing attorney before the deadline set forth in the summons (document attached to the complaint) elapses.  If the answer is not timely filed, a default judgment will be entered against you, which means you will have lost unless the default is set aside.

An attorney who handles civil litigation can represent you.  Your County Bar Association may have a referral service that can refer you to a civil litigation attorney.

If the opposing party obtains a judgment against you which you cannot afford to pay, at that time you should consider filing bankruptcy and contact a bankruptcy attorney.  If you are eligible to file Chapter 7 bankruptcy which is straight liquidation, the debt (judgment against you) can be eliminated.


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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