Legal Question in Personal Injury in Massachusetts

personal injury lawsuit against deceased father

My father passed away one year ago. I received a summons today, 6/19/07 regarding a motor vehicle accident that took place in 2004. I don't know what type of auto insurance my dad had back then, he was ill before he died, so hasn't operated a vehicle in 2 years. How do I answer the summons? Also, there is no estate. He did not even have enough life insurance to bury him.


Asked on 6/19/07, 5:46 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: personal injury lawsuit against deceased father

I agree.

The registry of motor vehicles may have a listing of your father's insurer.

Is there an executor?

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Answered on 6/20/07, 12:53 am

Re: personal injury lawsuit against deceased father

The claim against your father's "estate" may be time barred if ti was filed more than a year after he passed awat. Your father's insurer is obligated to provide a defense - check the police report and you will find the name of his insurer on it.

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Answered on 6/19/07, 6:19 pm


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