If my auto insurance company is suing me and I have a court-ordered hearing but now they want me to give a deposition first, do I have to go?

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If my auto insurance company is suing me and I have a court-ordered hearing but now they want me to give a deposition first, do I have to go?

My daughter totalled my car last year. The insurance company had me give a deposition and they did an investigation at the time because they said I misrepresented myself and did not list my daughter on the policy. My daughter was not living with me at the time. It paid the claim but is now suing me. I have a court day in 3 months for mediation, however, I just received a letter from their lawyer yesterday saying I was scheduled for a deposition in their office next month.

Asked on April 26, 2012 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are being sued--that is, you are a party, however unwilling, to litigation, such as the defendant in a lawsuit--you must attend a deposition. If you do not, you could potentially lose the case immediately as sanction or penalty for not attending (your answer, or the pleading in which you dispute the case, would be dismissed). Less severe sanctions include being unable to put your own testimony into the case or dispute what the other side is saying (which means they'll almost certainly win anyway) and/or being hit with some of the other side's legal bills. In short, bad things could happen if you do not appear for a deposition when you are a party to a case.


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