What do I do if I’m getting sued for a car accident that happened over a year ago and I no longer have that car and no longer am using that auto insurance company?

UPDATED: Oct 1, 2022

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What do I do if I’m getting sued for a car accident that happened over a year ago and I no longer have that car and no longer am using that auto insurance company?

I rear-ended a lady. We both had insurance. I took pictures of the damage to her car. It was an indent of my license plate on her bumper. When she got out of the car she told me that it was the third time that shes been hit recently and I apologized profusely and we exchanged information. I am no longer am in possession of

that car. I am no longer insured by that insurance company. I was under the assumption that the insurance company could handle everything because the damage was minimal and the lady seemed to be perfectly fine. However, I just received a summons and I can’t afford a lawyer.

Asked on February 3, 2019 under Accident Law, California


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

Answered 3 years ago | Contributor

Refer the matter to the company with which you had insurance on the date of the accident. That insurance company will provide you with an attorney at no cost to you. You have thirty days from the date you were served with the summons and complaint (complaint is the lawsuit) to file an answer to the complaint with the court to avoid a default judgment being filed against you. A default means you have lost the case unless the default is subsequently set aside. Therefore, you should promptly contact your former insurance company and provide it with the documents served upon you and any documents in this matter you receive in the future.

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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