Legal Question in Personal Injury in California

Involved in accident driving a company vehicle during work hours, I have received a summons naming my employer and me as individual defendants. To my knowledge the insurance company settled this matter 2+ years ago when the accident happened. Should I seek council, am I now personally liable?


Asked on 12/27/11, 5:49 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Contact your insurance company immediately. Send it a copy of the summons and complaint. The insurance company should be able to handle this for you. Perhaps it was an oversight, or the injured party did not tell the new attorney that he or she settled the case a while back.

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Answered on 12/27/11, 5:57 pm
Terry A. Nelson Nelson & Lawless

Also send a copy to the company with a demand they handle it on your behalf,and follow up to make sure you don't get 'defaulted' in this suit.

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Answered on 12/27/11, 7:12 pm

Your employer is responsible to take care of this for you. Notify the insurance company and your employer. Make sure they file an answer on your behalf within 30-days. If they do not, or if they indicate they are thinking that you might be personally liable, demand "Cumis" counsel - meaning a separate attorney for you at their cost.

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Answered on 12/28/11, 12:43 am


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