In most cases you should immediately call your insurance company and request they provide you a defense. They will take it from there. If you do not have personal insurance, you should also contact any other insurance company that might cover this vehicle. Please note, your obligation to your insurance company does not end once you turn it over. You have to participate in the lawsuit otherwise your insurance company can essentially drop your coverage for non-cooperation. If you are dropped then any judgment rendered against you is no longer covered by your insurance and instead falls to you personally.
The bottom line is that you pay a good premium for your insurance. Your insurance company will gladly represent you in any claim for which you are covered. Therefore, turn over the paperwork immediately. There are serious deadlines that begin when you are handed that piece of paper with the onerous phrase “you have been served”.
Being familiar with litigation we see all kinds of reactions to being served. Some people think they have to defend the lawsuit themselves and file all kinds of paperwork with the Court. Some people who have been served call the other attorney and want to talk about the case. Some people disregard being served. Generally speaking, any action, that does not include tendering the papers to your insurance company, is usually not advisable.
Lets say you try to defend yourself. What is the worst that can happen? For one, you can be on the hook for any judgment granted to the other side (which could be thousands of dollars). In addition, lets say you start defending yourself and a little ways into it you decide to turn it over to your insurance company. More than likely, your insurance is going to refuse to defend you at this point because you have already chosen to defend yourself, thus not cooperating with your insurance contract.
Take Action On Your Part
If you disregard the citation then you are at risk of a default judgment. Those deadlines mentioned earlier, come into play with a default judgment. So if you ignore the paperwork, then the opposing counsel can seek a default judgment against you personally, meaning you would be responsible for any damages awarded.
The bottom line is all the above can be avoided if you turn this matter in to your insurance company when served with a lawsuit. Furthermore, it is advisable that in addition to contacting your insurance company, you should also contact an attorney familiar with motor vehicle collision disputes.
