Ask a Lawyer and Get Answers to Your Legal Questions
Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today.I'm sorry to hear about your situation. It's definitely made more difficult by the fact that you are living abroad. At this point, you have a couple of options to be able to help yourself out. The first option that you have is that you need to file an answer to the lawsuit. The answer to the lawsuit in most cases generally just denies everything that happened and all of the assertions that the other party is making. If you would like, you could counterclaim against State Farm and also include the other driver in the situation as well. You would need to make sure that you have your causes of action lined up to bring that counterclaim and then you would need to serve your answer, and possibly your counterclaim, on both State Farm and the other driver. Once the answer is filed, you made then went to file a motion to dismiss.. You can think of all the reasons that you would like to dismiss this action, and then you can file that reason with the court. Because you are abroad, it may be a little bit difficult to get things filed, but there is a way out of it. If you go to www.thumbtack.com, you can find a process server who can not only deliver the documents to State Farm in any other parties, but they can also file the documents that you need with the court as well.
Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?
Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.
I'm glad that you got in touch with your insurance company. It seems weird that they would be contacting you now and threatening you with legal action. It's probably just a mistake. You could take some proactive steps and try to contact the police to get the records about the unlicensed driver that hit you. What may be more useful is if you can gather proof that the case was settled and find whatever information to prove that a lawsuit could not be brought as a result of the settlement. Therefore, when you submit your motion to dismiss or if the other party send it to their motion to dismiss their own claim, then you will be able to use that settlement agreement as proof. Did you have any other questions for me?