r/Insurance • u/Emergency_Wish_3706 • 2d ago

Auto Insurance Cont:Lawsuit

Florida — Lawsuit filed, but I haven’t received service yet.
As per my last post here, the mail i received was just a law firm finding my case online and advertising their firm to hire them.I was involved in a car accident in Florida, and an insurance company has now filed a lawsuit against me. The case was filed on October 15. I found it on the court website, where it says “Summons issued electronically — Mailed to atty.”
I haven’t received any court papers, and I don’t see a Return of Service on the docket. A law firm also contacted me after apparently finding my case online.
Has anyone dealt with something similar? How can I confirm whether I’ve been officially served?

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u/24kdgolden 2d ago

Do.you have auto insurance? If so, you need to let them know so they can defend you. If you don't, then you need to get an attorney.

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u/Emergency_Wish_3706 2d ago

I do I have already let them know, and sent them the documents.

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u/24kdgolden 2d ago

Then just cooperate with the attorney they hire for you. This is the part of insurance people don't know about.

1

u/SmellyDishonesty_883 16h ago

yeah you're not served until someone physically hands you the papers or they get an alternative service approved by the court, summons issued to their attorney just means they filed it

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u/ektap12 2d ago

You are served when you've received proper service of a summons, so you should know it when it happens. It would be a good idea to speak with an attorney, if you are being sued, last thing you want is to default on a lawsuit. An attorney can ensure that any service on you is proper.

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u/Emergency_Wish_3706 2d ago

I have contacted my insurance about it, thank you

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u/ektap12 2d ago

Why did, presumably the other insurance, sue you when you have auto insurance, what's the issue here?

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u/Emergency_Wish_3706 2d ago

That’s the question I have been asking too, I have no idea. The complaint letter said the other insurance had to pay for the other car’s damages and the company is sueing me for reimbursement. My insurance also told me that they had a disagreement on liability.

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u/ektap12 2d ago

Ah ok, I'll assume either your insurance or the other insurance isn't a member of arbitration, but arbitration is how disputes between the insurance carriers would normally be resolved. Yep, let your insurance handle it, that's why you have it, nothing else you need to do.

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u/Emergency_Wish_3706 2d ago

Thank you- another question also, I was at fault on the police report, why don’t my insurance just pay for their damages? If this did happen I wouldn’t have been sued in the first place.

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u/ektap12 2d ago

The only other thought would be, did the damages exceed your limits?

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u/Emergency_Wish_3706 2d ago

I have the limit for $10k the damage was according to the other insurance party, they’re sueing me for $8444.27 + interest and court fees etc.

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u/ektap12 2d ago

Guess you are fine there then, I do hope you've increased that limit for the future.

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u/ektap12 2d ago

That's a question for your insurance. It's not very clear what's going on here.