Q: What is the consequence if the defendant does not show up for court in a civil damage suit from an auto accident in IN?
Suit filed in 2015 from 2013 accident. Plaintiff and lawyer habitually unresponsive to defendant lawyer. Damage suit, no lasting medical issues. Plaintiff asked $16000, $5000 offered, no response. Defendant lawyer asked for dismissal. Judge passed on mediation due to expense, set Oct. trial. Defendant now 72, living in SC since 6/2017, does not want to travel back to IN due to age, distance, expense, chance of doing so and trial gets postponed.
A: The problem with an insured defendant not cooperating by refusing to attend the trial is insurance coverage. That would be risky. On the hand, the insurance company lawyer who is defending you, depending on the facts of the case, could also take the stance that admitting liability, but not the nature and extent of the alleged injury and damages may be a solid position to take in defense of the case. If an admission of liability were the course taken, then you as defendant would not be attending the trial anyway.
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