Q: Should my sister get an attorney for my at fault accident?
I have my vehicle under my sister’s name since I got the car under her credit only. She does not drive it, we don’t live together and I pay the bills. She got served for a lawsuit and so did I for an at fault accident. Months after that I get a call from my insurance asking if my sister had gotten an attorney which I said no because I wasn’t told she had to do anything, I was just told to let my insurance know of the lawsuit I had even explained from the beginning that my sister had gotten one too. She isn’t in my insurance since we have our own separate cars so my insurance said they would check if they can represent her. Is it likely for my attorney to represent her too? I wished they would’ve told us earlier, I mean it’s my first time getting sued for a car accident I just did what I was told and that was to let my insurance know about it
A: As my colleague advises, if she was served with a lawsuit, she should consult with an attorney. She should also request from the carrier its position on its coverage of the accident. Different carriers might treat the situation you describe differently, depending on their policy and exclusions. But from what you describe, your sister appears to be the legitimate registrant of the vehicle - that deserves a once-over from the attorney you consult with. Move quickly [Only a Texas attorney could advise on timetables to respond to summons and complaints under civil procedure codes], but 20 to 30 days is a typical response window in most states (depending on form of service - the shorter end of the timescale if personal service used by plaintiff). Good luck
A: Addendum - This is not meant to come off as "lecturing." I hope you come through the claim okay. But in the future, avoid this type of arrangement for insuring a vehicle. It is needlessly complicated. You know this too probably, and you were likely in a situation of needing a car but hampered by the financing details. In the future, look into things like co-signing or similar alternatives. Good luck
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