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I am being sued for personal injury after rear ending someone in July 2015 in Chicago. I am Australian, live in Australia. The car was a rental, with loss damage waiver but not liability insurance. What should I do? The summons was sent February 1st, I received it at my parents' address on 22nd February.
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Re: Fender bender summons
If you have your own car insurance, report the lawsuit to your insurance company and see if you had liability coverage while driving a rental. -
Re: Fender bender summons
You should hire a lawyer to represent you in the US. Otherwise, they will usually obtain the judgment they seek. I would also stop traveling and save the money to pay your obligations.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: Fender bender summons
Sending the summons by regular mail may not be sufficient and it may not be validly served.
Check that point a bit more. Check the court records online eg to see if the service of process has been accepted by the court.
If not validly served you do not have to respond.Comment
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Re: Fender bender summons
How much is the suit for?
Smaller suits (and judgments if any) will often not really be worth collecting on a US judgment in Australia.Comment
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Re: Fender bender summons
Certainly do not respond unless you can confirm that the court deemed you to be properly served. If you were not properly served then the lawsuit has no validity as to you at this point.Comment
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Re: Fender bender summons
Serving summons at parent’s address shows an inappropriate service of process. A Court will get personal jurisdiction over a person only if he is properly served with summons. In your case you are not properly served with summons. You need to confirm the status of service from the court site. If it was an improper service the case will not stand.Comment
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Re: Fender bender summons
So you had no insurance coverage while driving? Either from the rental car company or your own car insurance? Please clarify.
If you have some form of insurance, your insurance company should handle the matter - you just need to report it to them (hence, why I am asking for clarification). If there was no insurance in place, it may be especially important to contact a lawyer licensed in Illinois. Depending on what type of insurance you had in place, or whether you had insurance at all, the answer will vary.
Good luck!California Personal Injury Law Firm
The information provided does not constitute legal advice. The information provided is only intended to be used for educational purposes. Contact a lawyer licensed in your state to receive information specific to your case.
Information provided on behalf of Steiner Injury Law (steinerinjurylaw.com)
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Re: Fender bender summons
Except that every insurance policy of that type I have seen always include a timely notification clause and if you fail to notify them timely, they do not cover it as a violation of the contract.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: Fender bender summons
I live in Ireland and a US person is suing me saying I hit their car in the Target lot in Florida.
Do I really need to answer this suit and what can they really do to me in Ireland all the way from Miami!Comment
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