Portland, OR asked in Civil Litigation, Personal Injury and Car Accidents for Oregon

Q: We received a summons to file a motion and don't think we are a fault. How do we proceed on a limited income?

A 14-yr.-old was struck by a car on the corner by our property in 9/17. We learned of this in August 2019, when we received a letter from a lawyer saying we are partially liable because our hedge was overgrown, and our homeowners insurance should pay. The hedge was overgrown/very tall when we purchased in 7/16 and was not cut down till fall 2017, but the sidewalk was never obscured such that a kid on a bike could not get through. The kid was on his bike traveling west on the left side sidewalk (ours); a car stopped at the stop sign and then turned right on the corner by our property, striking the child as he entered the crosswalk and breaking his leg. I talked to the lawyer's paralegal after the initial notice; the lawyer never returned my call. 10/16/19 I received a summons to file a motion, claiming the driver and my husband and I as co-defendants. My husband is unemployed and we cannot afford a lawyer.

3 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Personal Injury Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: Do what the attorney had said, turn this over to your homeowners insurance. They will then hire an attorney and defend you.

Joanne Reisman and Tim Akpinar agree with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: I hope the child has a good recovery for the fracture of his leg. From now on, let your homeowner's insurance attorney communicate with the plaintiff attorney's office. Even though you mean well, it's better to have only the homeowner's insurance attorney handle matters. Good luck

Tim Akpinar

Joanne Reisman agrees with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Personal Injury Lawyer
  • Portland, OR
  • Licensed in Oregon

A: There is no such thing as a summons to file a motion. What you most likely received was a summons and complaint naming you as defendants. You need to contact your property insurance company and tender the defense of the case to the insurance company. The insurance company pays for the lawyer.

Tim Akpinar agrees with this answer

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