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RayAnswers
RayAnswers, Attorney
Category: Personal Injury Law
Satisfied Customers: 37666
Experience:  Texas lawyer for 29 years in personal injury
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I had a car accident. The other driver filed a bodily injury

Customer Question

I had a car accident. The other driver filed a bodily injury claim against me but was denied by my insurance company because they thought the injury was unrelated to the accident. Months after, my insurance company received suit papers served upon me while I had already moved out of the U.S. I was a legal resident alien before but no longer live there. I am wondering if the court has justification over me. There is no way I can go to court as I don't have a visa to re-enter the country. I have no idea how this is going to settle.
Submitted: 14 days ago.
Category: Personal Injury Law
Expert:  RayAnswers replied 14 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 14 days ago.

You should write the court here claiming you have left the country and are unable to get a visa to return.Court might well agree and dismiss this.If they get a judgment here anyway they cannot collect it if you are out of the country and have no US assets.That is probably the end of it here.They may just be tryi9ng to write this off as a bad debt and a judgment would allow them to do that.But write here to the court and explain you have left the country with no means to re enter.

I appreciate the chance to help you today.Thanks again.

If you can positive rate it is much appreciated.Thanks again.

Expert:  RayAnswers replied 14 days ago.

Oh and forward papers to insurance company they are legally obligated to defend you in such a suit.They may file as well to get it dismissed.

Customer: replied 10 days ago.
Hi Ray,Thank you for your prompt reply. My insurance company has an attorney for me but I haven't been able to reach him and I really need some answers. As you said the court might dismiss the case. If they don't dismiss the case, what could be the worst case scenario I would face? I suppose it's unlikely they would not dismiss the case since I had already moved out of the country when the plaintiff filed the case with the Superior Court. What do you think?
Expert:  RayAnswers replied 10 days ago.

No you appear to have valid defense here--court does not have jurisdiction over you out of country , lawyer should make a special appearance to argue that prior to the suit being heard.Hopefully he will do this.They are obligated to defend and file such a motion here.

Thanks for the follow up and for positive rating today.

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