I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

Question

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my insurance company, the day they delivered the claim to my house, the person that give to me tolds me that I should contact the office of the lawyer who represents my plaintiff as soon as possible and marked the phone number in the document whit a pen, should I contact them and What could be the reason that the office lawyer representing my plaintiff needs to speak to me, thank you very much

Mark A. Siesel · Answer

Under no circumstances should you speak to the lawyer for the plaintiff without a lawyer representing you.  Any statements or admissions you make to that lawyer will be used in the civil case against you, and if you have inadequate liability coverage but have assets above that coverage, could be used to obtain a judgment against you in excess of your insurance coverage.  You may want to retain personal counsel, as the insurance company lawyer only represents you for the amount of coverage you have, and he or she has the interests of the insurance company to protect, in addition to your interests.

Tim Akpinar · Answer

No, you don't want to do that on your own. You want YOUR attorney there, who should normally be provided free of charge by your insurance carrier. You did the right thing by turning the documents over to your insurance company. What happens next? Your insurance carrier assigns a defense attorney to you. This attorney will advise you. Cooperate with your assigned attorney and turn over any accident-related paperwork you receive to them. They should prep you for any meetings. If you are asked to answer questions by the other side's attorney, tell them to contact your attorney. Good luck

Michael Hupy · Answer

It seems you're dealing with a complex legal situation related to a pedestrian accident, where the plaintiff (the person who was hit) claims significant physical and mental damages that exceed the coverage provided by your insurance. You also mentioned that the person who delivered the summons suggested you contact the plaintiff's lawyer’s office. Here’s a breakdown of what might be happening: 
 
1. Why the Plaintiff's Lawyer Wants to Talk to You: 
The lawyer representing the pedestrian might want to discuss the details of the accident, get your version of events, or offer a settlement. It's common for the parties involved in accidents to have their legal representatives communicate to resolve the case without going to court. 
The lawyer may: 
• Request your side of the story: They might want to verify details about the accident to understand your position and see if there’s room for a resolution or settlement. 
• Attempt a settlement: It’s possible the lawyer hopes to settle the case before it reaches a trial, and part of this could involve talking with you to gauge your willingness to settle. 
• Clarify damages or liability: If the claim is substantial, they may want to discuss how liability and damages are being presented to ensure accuracy on both sides. 
 
2. Should You Contact Them? 
Before reaching out to the plaintiff’s lawyer, I would recommend consulting your own attorney. Here's why: 
• Legal Protection: Having your own lawyer review the situation ensures that your rights are protected. Lawyers can help you navigate such discussions and avoid making statements that could be used against you in a potential lawsuit. 
• Insurance Matters: Since you’ve already submitted the claim to your insurance company, your insurer may have legal resources available to represent you in discussions or negotiations. 
• Evidence and Strategy: Your lawyer can help determine whether engaging with the plaintiff’s lawyer is necessary or if the matter should be handled entirely by your insurance. 
 
3. What Could Be the Reason for the Phone Marking? 
It’s unclear exactly why the delivery person marked the phone number, but it could simply be an effort to make sure you know how to contact the lawyer. However, given the legal nature of the case, they may have been indicating that it is important to respond. It might also suggest that the lawyer wants to speak with you directly to clarify certain aspects of the case. 
Next Steps: 
• Contact your insurance company: Keep them updated about any communications you receive. Since your insurance has your claim, they might prefer to handle any conversations with the plaintiff's lawyer. 
• Consult an attorney: If you don’t already have one, consider hiring a lawyer to represent you. This will provide legal advice and ensure that you are making informed decisions. 
• Don’t engage directly without representation: If you don’t have legal counsel, avoid speaking directly to the plaintiff’s lawyer unless directed by your own attorney or insurance company. 
 
It's important to stay calm and ensure you’re taking all the right legal steps to protect yourself.

Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?