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missyo

Being sued but I wasn't driving

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In December of 2014 my girlfriend was driving my car and was in an accident. She was found at fault. My girlfriend and myself were both insured. My girlfriend died of cancer in 2015.

 The other driver filed a lawsuit against my girlfriend and myself  in Sept. 2016 claiming injuries. Today 01/11/2017 I received a form interrogatories and a request for admissions dated Nov. 18 2016 with a request for response within 30 days. This doesn't make sense. 

There is also a letter dated 01/09/2017 stating that the plaintiff has served these documents with a request for me to answer on or before 12/07/2016. Again it doesn't make sense. What do I do? 

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You give them to the attorney assigned by your insurance company. You have reported it to your insurance company, right? You are being sued, most likely, as the owner of the car under a negligent entrustment theory or something similar. Let the insurance company handle it.

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On 1/11/2017 at 3:54 PM, missyo said:

She was found at fault.

 

By whom?

 

 

On 1/11/2017 at 3:54 PM, missyo said:

The other driver filed a lawsuit against my girlfriend and myself  in Sept. 2016 claiming injuries. Today 01/11/2017 I received a form interrogatories and a request for admissions dated Nov. 18 2016 with a request for response within 30 days. This doesn't make sense.

 

What doesn't make sense?  That the plaintiff served you with discovery?  That's absolutely routine in civil cases.

 

 

On 1/11/2017 at 3:54 PM, missyo said:

There is also a letter dated 01/09/2017 stating that the plaintiff has served these documents with a request for me to answer on or before 12/07/2016. Again it doesn't make sense. What do I do?

 

It's obviously a typo.  Responses to written discovery are due 30 days after the date of service (extended by five days if the discovery is served by mail).

 

I'm sure you can do lots of things.  What you should do depends on one very important piece of information.  You wrote that the lawsuit was filed in September 2016 -- four months ago.  I assume you filed an answer to the complaint, but did you do so on your own, or are you represented by counsel?  When you were served with the lawsuit, you should have immediately contacted your insurance company, and the insurer should have retained an attorney to defend you.  Did that happen?  If so, your attorney should draft responses to the discovery, with your input, so you shouldn't have to worry much about this.

 

Another couple of questions:  you wrote that your girlfriend died a year or so prior to the lawsuit being filed.  Did the plaintiff sue her or did the plaintiff sue her estate?  Is the plaintiff (and plaintiff's attorney) aware that she is dead?  Is the executor of her estate aware of the lawsuit?

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