Legal Question in Personal Injury in California

Re: Had accident. My car insured. Got summons. What should I do

You should turn this matter over to your insurance company you had at the time of the accident and they will defend you under the policy. If you fail to do so right away they may claim prejudice for the delay. They are obligated under the policy to defend you.

Re: Had accident. My car insured. Got summons. What should I do

You should notify the insurance company you were using at the time. Although the details depend somewhat on your policy language, they will most likely get you a lawyer and fund your defense (although you might have to pay a deductible). If you give the insurer proper notice and it fails to honor its obligations under the policy, you will have a strong case against the company.

There is one aspect of your question that I want to address further. You say three times that the car was insured, but you don't say that *you* were insured. Drivers are required to have liability insurance, which is what pays for a defense and for any settlement or judgment in the event of a lawsuit. Insurance for the car is optional, and it only pays for damage to the car and related expenses. This is probably just a matter of how you worded your question, but if you were not personally insured -- for example, if only your spouse was insured and you were driving a car covered by that policy -- then the insurance company will not help you.

(And by "personally insured" I mean either the policyholder, an additional named insured, or someone else who fits within the language of the particular policy.)

Re: Had accident. My car insured. Got summons. What should I do

Telephone the insurance company to get the name and address of the person to whom to send a copy of the summons of complaint. You want to tender the defense of the lawsuit and, of course indemnity (i.e. have the company pay any judgment for which you might ultimately be responsible, or settle the claim). This appears to be a subrogation claim -- one in which another insurance company already paid its insured, and is seeking to collect against anyone else it can. Take care, and don't worry! That's what insurance is for.

Re: Had accident. My car insured. Got summons. What should I do

You immediately contact your auto ins. co. or the company that insured your vehicle at the time of the accident. Don't try to respond yourself--it's costly and you can make mistakes. Call your agent, get a copy of the suit to him and he'll get it to the claims dept. They will assign it to a defense atty who will represent you at no cost and pay all the fees. Your ins. co. has a legal obligation to protect you and not let the plaintiff get a judgement against you. Get the adusters name, phone and claim no. If this is 3 years old, it must be for property damage cause in Calif. 3 years ago, the time limit for injuries was only one year.