Legal Question in Personal Injury in Texas

My husband and I were in an accident Feb. 2010, we had just got the vehicle from an individual and was under the impression that you have 30 days to have the insurance, title, and everything else transferred in our name. Well not even 48 hrs. after getting the vehicle we were in that accident and had no insurance so of course my husband got a no insurance ticket and we paid it no problem... Now we are being sued by the other driver's insurance company for almost $10,000 for damage to the vehicle plus injury, wich all she had was whiplash, but after we got the paper stating we were being sued, it stated that if we didn't respond in 20 days they could go to court over this matter and if we didn't show up it would be a default judgement. What is a default judgement and will my husband go to jail over this matter?

Asked on 9/01/11, 10:28 am

3 Answers from Attorneys

Roger Merrill Merrill & Associates

The following assumes an accident in Texas:

Default judgment is when judgment is entered against you because you don't answer a lawsuit. Your husband will not go to jail.

File an answer. Write in saying: I generally deny the pleadings of the Plaintiff. If both you and your husband have been served with a citation, then you should each sign the writing and print your names, address and telephone number. Make sure to put the style on the paper. The style is the part that shows the case number, the court number, the county, the state, and the names of the parties to the lawsuit.

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Answered on 9/01/11, 10:41 am
Tanja Martini The Martini Law Firm, PC

Since you have been sued, you should seriously consider forwarding the complaint to your insurance company, or in the alternative, retaining legal counsel to represent you. The other driver's insurance company has retained an attorney who specializes in auto accident litigation particularly with regard to the liability and associated injuries aspects, so it would be in your best interest to not go at it alone.

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Answered on 9/01/11, 11:00 am
Donald McLeaish McLeaish&Associates;, P.C.

call almost any lawyer ...and you will save money ..we would be glad to talk to you..but your friend's insurance may cover..and in any event, you NEED a lawyer...

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Answered on 9/01/11, 1:14 pm

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