What to do if I had a car accident and no one was declared at fault in the police report but I am now being sued?

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What to do if I had a car accident and no one was declared at fault in the police report but I am now being sued?

It was a “He said/ She said” case. I got a paper from an attorney demanding said amount of money and was told in the paper to contact my insurance in order for them to protect my interest. my insurance company sent a letter to me and the attorney stating that no one was at fault and they weren’t paying out. Now I have been court summoned and am curious what my next step is. Will my insurance company need to be notified and will they do anything else or should I contact an attorney from here?

Asked on April 10, 2014 under Accident Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, notify your insurer: they have a duty not just to pay out claims but also to defend you when you are sued--even if you are sued improperly (e.g. when you were not at fault). Send them anything you received from the other party and the opposing lawyer. If your insurer does not step in to defend you (e.g. hire an attorney for you), then you may have a lawsuit against them for breach of contract--for violating their obligation to defend you.


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