I am being taken to court seeking judgement by an insurance Company that paid their client under uninsured/underinsured motorist coverage. I cannot afford an attirney but have prepared an 'Answer' to the allegations. Not having an attorney, what should I expect to happen next after the answer is delivered to the clerk od courts. I am in Florida

What is your answer?

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Originally Posted by ScottGem

What is your answr?

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I don't think I have enough room here to post the entire allegations and answers. Most are deny at the recommendation of an attorney who cannot represent me pro Bobo or at a reduced rate yet knows I need to respond. I know that somewhere would be "discovery' where the plaintiffs attorney must prove their allegations. However if I don't have an attorney, I am unsure as to whether I will be notified from the court again or if I won't hear anything until ruling.

Hello v:

Scott will be along in a minute... But, I don't think he was asking about the legal mumbo jumbo that you're putting in your answer.. He was asking what your defense is - that would be your REAL defense... Because if you DID what they SAY you did, you're really not doing yourself any favors by fighting the suit. It's just going to cost you MORE money in the long run. For sure, you don't think the attorney is working for nothing, and when you LOSE, you're going to be the one who pays the bill.

So, if all your legal maneuvering is simply to delay the inevitable, I'd borrow some cash and settle with the lawyer TODAY. It'll probably save you $1,000's.

excon

I have contacted several attorneys and none have quoted me a fee to hire them. I am not trying to deny anything that is correct and have never asked to be represented for free. I never even asked for the attorney's guidance or recommendations. At the same time I can't hire an attorney without being told how much money I need up-front to retain their service, can I? It was that attorney who said I needed to respond and slow the train so to say.

Hello again, v:

If the speeding train is going to run over you anyway, slowing it down doesn't do a thing except delay the inevitable.

So, if you're willing to do the "correct" thing, then get on the telephone and start negotiating with the attorney who is suing you. I'm sure you'll come up with the "correct" amount that you owe.

excon

You have traved so far from the original question and I choose not to debate. If you want to answer the original question I will respond with a Thank you, if not then let's move on. K?

Hello again, v:

I'm not trying win a debate. I'm trying to save you a few dollars.. But, it's cool.

There may or may not be discovery. Assuming you follow the correct court rules, the next step will be a court date. If you DON'T follow the rules the next step might be notification that your bank accounts have been seized.

excon

Can they seize my bank accounts if all they are used for is direct deposit of my disibility and when is the correct time to report/prove that I am on duisability wirth no valuable assets for them to pursue?

I don't want to deny that the accident occurred , however I can not agree that the plaintifs insured sufferend a permanent injury or that they paid him a specific dollar amount when I have no idea if its correct or not.but the way their allegations are worded its hard to admit one and deny the other when they are written together, (EG: alleging that I caused an accident... resulting in. said injury and said amount)...

Hello again, v:

The TIME to tell the lawyer that you are judgment proof is NOW. He's NOT interested in pursuing you if there's no payday for him.

But, I thought you wanted to do the CORRECT thing... So, what is it? Do you want to pay what you owe, or do you want to stiff them because you're on disability and they can't collect??

NO, this is not another debate, although I'm sure you'll think it is. Can't you tell when somebody is trying to help you?

excon

I won't try to deny the accident, however I will not admit to things I cannot possiblt know. Like if there was a permanent injury etc, I am no doctor. Do I include my status in the answer or in private contact to their attorney?

And for you sincere answers, thank you very much


V

Hello again, v:

It's quite simple really. If you want to settle, speak with the attorney. If you want to fight, answer the complaint and don't speak with him.

Although, I said above that the lawyer doesn't want to proceed if there's no assets to get, most competent lawyers would have already done an asset search on you before they filed suit. So, if he didn't and you ARE judgment proof, you don't need to tell them at all. They'll certainly find it out when they can't collect.

Therefore, in my view, you don't need to do anything. It appears to me that no matter what you do at this point, you are NOT going to stop them from getting a judgment... So, why waste your time?

But, if you DO have assets to protect, that's another story.

excon

By answer I meant your general defense against the suit. Do you deny the accident, deny the cause, what?

As for issues of what the company paid their policyholder and whether the policyholder was injured to the extent indicated, that's the NEXT step.

In the next phase you can subpoena their record of payments and the policyholder's medical records. But I have to tell you, If this is the insurer that is suing you, then it's their in house attorney or a firm retained by them that's doing it. I would be willing to bet that they can prove what they paid to their policyholder. Are you a doctor? Have you had the opportunity to examine the other party? Because I can tell you that they have a doctor to testify that the medical expenses were reasonable and accurate.

Without an attorney you will, almost certainly, lose. Did you not have insurance coverage?

As to the fact that you are on disability, you bring that up if and when a judgment is entered against you. Your ability to pay has no bearing on whether you can win or lose the suit. However, since you only have income that is exempt from attachment there will be little they can do to collect it.

If you give us some more details, about the accident, how much you are being sued for, etc. We may be able to help further.