Okay, so today I answered the door and some random woman handed court papers (affafavit?) stating that my step-dad is being sued over a car accident. The exact amount the plaintiff(Heather Walter) is suing for is $40,000 for personal injuries. It also states that a person named Lisa Spear is getting sued as well by (Heather Walter) for $90,000 again for personal inuries and general damage? Two people getting sued by one person for the same thing basically! Doesn't the insurance cover all that? And what do you think about this case?
2007-09-25 07:31:55 · 11 answers · asked by Randy 2 in Cars & Transportation ➔ Insurance & Registration
These are two seperate incidents...as in two completely different car wrecks! Posting their names is not an invasion of privacy?! Are you kidding me? Besides, these accidents occurred in 2005...why would this lady wait two years to sue my step-dad as well as Lisa Spear...we don't even know her!
2007-09-25 11:18:31 · update #1
CALL YOUR INSURANCE AGENT OR CLAIMS ADJUSTER RIGHT NOW!!!!!!!
When someone files a law suit- they sue you -the owner and driver - not the insurance company. The law suit can't read John Doe vs ABC Ins Co. They also have to serve you - not the insurance company.
Your insurance company will hire an attorney to defend you - in accordance with your insurance policy. However, you must get those papers to them quickly. They have a limited time to get an answer on file or risk a default judgment (an automatic you lose). The clock starts when you get served those papers - and you have been served.
Your insurance company will need the original suit papers - and will need to know when and how you got served. You can fax a copy to them to get the ball rolling and mail the originals. Be sure to keep a copy for yourself.
Call your agent or the adjuster that handled the claim and let them know you have been served. They will walk you through the process.
2007-09-25 11:37:20 · answer #1 · answered by Boots 7 · 0⤊ 0⤋
Don't have enough information to think anything about the case. Tell you what I do think, though. If the process server handed YOU court papers, then your stepdad has not been served...they gave the papers to the wrong person. All that aside, many insurance companies require an injured party to file suit against the other parties involved before they pay any of their share of damages. If a person has just minimum liability coverage on their vehicle, they may not have 90000 dollars in coverage. Your stepdad should probably be okay with a suit of 40000. But just relax...this is just the way the insurance and legal business works. Apparently your stepdad and this Lisa Spear were involved in an accident with Heather Walter, which resulted in her having personal and/or property damage...I would say personal injury, judging from the sums, unless she was driving a Rolls or something like it. Now either she is filing independently to recover expenses, or her insurance company insists she file to offset their losses. Either way, it is your stepdad's worry.
2007-09-25 07:44:05 · answer #2 · answered by claudiacake 7 · 1⤊ 0⤋
It is very common to sue multiple people for the same thing. It is even more common in car accidents when multiple drivers were involved as in the case of a 3 car accident or the plaintiff (the person suing) was a passenger in the car. They sue everyone who potentially was at fault for the injury.
The iinsurance company needs to be made aware of the suit. If you have nsurance that covers the accident, the insurance company usually locates and pays for the attorney. Rarely insurance companies will claim the lawsuit is not covered under the policy and say you are on your own. However, given that you said this was car accident, it is pretty likely the insurance company will accept responsibility for the defense.
2007-09-25 07:38:00 · answer #3 · answered by randomcobweb 3 · 2⤊ 0⤋
1st off, your step dad needs to call his insurance company asap;
either Lisa or your step dad was driving an auto that was involved in an accident; the complaint maybe for both the owner of the auto and the driver of the auto;
the insurance company will direct your step dad on what steps are needed; that is what insurance is for;
if either Lisa or your step dad does not have insurance, then the next step would be to hire an attorney;
good luck
2007-09-25 07:44:35 · answer #4 · answered by lucy 7 · 1⤊ 0⤋
Get a lawyer
And Nancy Kay, posting their names is NOT an invasion of privacy. Lawsuits are public information. The names will even show up on the TV news, If one of the people involved is news worthy.
2007-09-25 07:43:08 · answer #5 · answered by spunky monkey 3 · 1⤊ 0⤋
They are jointing and severaly liable which means if she sues both and gets a judgement against both she can choose the one from whom to collect. The different amounts is representative of liability that her lawyer has apportioned.
Btw....she pays for her insurance and has no responsibility to ask her insurance to pay costs not incured due to her negligance.
2007-09-25 07:39:38 · answer #6 · answered by Lex 7 · 1⤊ 0⤋
Statutory rape (intercourse with a baby) isn't a civil count. that's a criminal count. anybody with know-how of against the regulation can alert the police to the crime. Assuming which you're proper in asserting that that's prohibited on your state, then Dad can notify the law enforcement officers. The law enforcement officers can inspect or no longer and then the DA can prosecute or no longer.
2016-10-09 20:07:43 · answer #7 · answered by ? 4 · 0⤊ 0⤋
No process server would hand court papers to you if they were meant for your Step-Dad. Papers must be placed in the hands of the person being served. No one else.
As for the rest of your question, your Step-Dad needs a lawyer. The rest is none of your business.
Addition: Nancy Kay can't be a very good attorney if she thinks that court papers handed to someone other than the named party is perfectly okay! I can just see you standing up in court in front of the judge saying, "But your honor, we don't know why Mr. Jones isn't in court today. My server handed his summons to his 5-year old child when little Skippy answered the door!" *sigh*
2007-09-25 07:35:34 · answer #8 · answered by kja63 7 · 0⤊ 3⤋
well, he will call his agent and then they will forward those documents to the bodily injury department at his insurance claims department. they will get a bulldog lawyer on it.
you may never hear of this again.
plus kid, this isnt your business at all, and if your worried you talk to him, not yahoo answers.
its nothing for a kid to worry about, his insurance company lawyers will take care of this.
2007-09-25 07:40:05 · answer #9 · answered by ktlove 4 · 1⤊ 1⤋
It should be a complaint. I'd make an appointment with an attorney pronto.
2007-09-25 07:34:54 · answer #10 · answered by Kiwi 5 · 2⤊ 0⤋