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I was in a car accident in California just over two years ago. I was found at fault. Recently my insurance company contacted me and said I would probably be sued on the matter. (I thought it had been resolved years ago.) He instructed me to tell him when I was served. I was never served and the statute expired just over a month ago. I came home last night to a message from my insurance company that I had been served in person and did not inform them. Am I now in default since I did not respond? I wasCustomerand am easy accesible to anyone. My address has not changed and my work address is easily found as I maintain a few licenses. There would be no issue serving me and I fully expected to be served, but was not. They claim I was, and in person no less. I cannot prove my whereabouts at the time. What do I do? I am terrified and it is a 3 day weekend and my insurance company is not available. I was insured to $100K and the other party was an uninsured motorist.
State/Country relating to Question: California Already Tried: Nothing tried yet, just trying to figure out where to start and be able to sleep and enjoy the holiday weekend. I talked to a friend that is a political attorney, but he didn't have any answers as he does not deal with litigation, etc.
HiCustomerIt is common practice to claim a party has been served, when if fact they have not been served. It is so common, is has a name, "Sewer Service".If you can prove that you wereCustomer the case will be dismissed.
Even if they claim they personally served me at a specific date and time? They have my physical description from my license and could have used that. How do i fight it if I have no proof of where I was.
Was it a professional process server?
That is unknown. I received a message from my insurance company that they had noticed that I was served in person at my home address and they had a proper description. They were rather irritated that I did not tell them. I do know the other party had retained a law firm to represent her. My assumption would be yes, but I cannot get any details until Tuesday. It is driving me crazy.
If she is represented by a law firm, the service was probably done by a professional process server. They are supposed to keep track of everyone they serve. When I have tried to dispute service for my clients, I have always looked at the log book to see if service is inconsistent (eg. serving 2 parties miles apart within 10 minutes of each other).Also, you should try to remember where you were at the time of the alleged service. You are correct that the fact that your description is correct is inconclusive. This information could be obtained by the plaintiff.
But am I in default? Is there any recourse for me if I am and cannot prove that I wasCustomer Or am I now at risk of losing everything? This whole matter is a mess. I think she swerved into me, but I was turning left so there is no way to prove it. She stated she needed a new car anyway and said she had been in a few accidents previously and now she is claiming she has been in treatment for more than 2 years and is a candidate for surgery, yet has no health insurance either. Wouldn't my insurance company be served also? Shouldn't they have filed a response knowing that I would probably be served?
You would be in default if you do not answer the complaint. This is the case whether or not you were served. You can still answer the complaint and assert the defense that you wereCustomerYou have to focus on the fact that you wereCustomerThe insurance company does not get served. This is because the complaint is against the insured, not the insurance company.
I don't have the complaint. I wasCustomer so I guess I lose since I am unable to prove I wasn't there at the time of service. My only defense now is proving lack of service on their part and if I cannot then they can come after me for whatever they want?
You can get a copy of the summons and complaint from the clerk at the courthouse. Lack of service is not your only defense. The possibility that it was not your fault is also a defense (called contributory negligence).
Play by the rules, pay your dues, purchase insurance, work hard for your family, and then one dishonest process server can ruin my life and that of my children. Shows how much can be said for an honest, law-abiding citizen. I wasn't served and probably can't prove contributory negligence as I was turning left. It looks like I can't pay you if I send a response, so please be sure to reply. Then I can run up a credit card debt since it probably won't make a difference anyway. They'll probably take all I have since now I am in default by no fault of my own. -- Thank you for your time and I apologize for making this a bigger question than it was. I lose unless I prove lack of service which I have no idea how to do since I have nothing to back up me being elsewhere.
Try not to be so negative. You will be given the chance to claim in front of a judge that you did not receive the court papers. It will be your word against the process server. If the judge believes you, you win. You know you are telling the truth, and judges have an uncanny ability to accurately determine who is telling the truth.
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