I was in a car accident last year, my fault. I just received a summons which states she is severely injured.?

I talked to my agent who says the plaintiff's lawyer claimed she needed surgery but when my insurance agent tried to get a release to view her medical records, they never responded and their is no documentation to support this. Now 4 months later, I'm being summoned. My policy is 100,000. Should I panic? Supposedly she had previous injuries. Can they really get the full amount? Can I lose my assets? And why would they include my husband on the summons when the car is strictly in my name. He has nothing to do with the accident. HELP!!

Insuranceman

You need to take the summons to your insurance agent/company.

If they have already paid "policy limits" - they will normally send you a letter advising you of your rights and their rights and limitations of your policy - a "reservation of rights" letter.

Then, they may advise you to seek outside legal counsel. If they have NOT paid, then they will have to represent you to the extent of your policy.

Depending on where you live - community property State - "what's yours is yours and what's HIS is yours" - could explain why your husband's name is listed. Homesteads are normally exempt.

Good luck and I hope this helps!

Firebird

Why would you panic? This is what those lawyers on the back of the phone book do for a living. They want that $100,000. Probably, the insurance company will just give it to them, regardless of whether the other person is hurt or not.

Your insurance agent will tell you what you need to do. Calm down.

ronald h

Send the summons to your agent or company asap. Like NOW. Your insurance company is obligated to defend you up to the amount of your policy limits. Should damages exceed your limits your personal assets are exposed and they can go after them. You perhaps live in a community property state where assets are shared by spouses. At any rate, some of his assets are yours and yours his. Good Luck.r

renume

Your husbands name is probably on the policy that was on the car you were driving when you had the accident, thats why his name is on the summons. Don't worry about it,keep in contact with your insurance company, they will provide an attorney for any legal proceedings.Really,.....don't worry, this is what insurance is for. the other driver and thier attorney are looking for a quick settlement or they would not have acted this quickly. You'll be fine. GOOD LUCK!!! Rob in PA.

Your insurance will be the party to pay if they have truly been injured. most of the time people ar trying to get the $$$100000.00 Consult with your own attorney. your husband is summoned to court because you both own assets together. don't panic nad seek professional advise. Don't plan that the insurance will do the best job for you. they will settle the claim re payment to the other party.

Thomas E

you need to immediately turn your summons over to the insurance company and you should follow up and MAKE SURE IT IS ANSWERED ON TIME (otherwise they could get a default judgement entered against you - meaning you have no defense).
as part of your insurance policy is for the insurance company to provide you defense in litigation and legal counsel. the attorney they provide will/should advise you on your exposure to "losing assets" and the exposure of your husband - if any. Panic wont help. you are now in the system. let the ins co and lawyers fight it out. The summons is only calling you to go to court. they cant take anything away from you until there is a trial or a court finding.

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