Twin Bridges, CA Personal Injury Law Firms & Lawyers

No it is NOT legal to be sued without notice. When someone is sued, they have to be served with the Summons and Complaint. The first thing you want to do is get to the court, pull the file, and look at the proof of service that states, when, how and to whom the Summons was served upon. If it was your spouse or agent or at work, etc., it might be valid service. If for example, you moved, and they tried to serve you at the old address and you were not there, they may have gotten an order to publish notice of the lawsuit in a newspaper. The law allows for this, but very few people ever read those notices and realize they have been served and run to the court to file a response. So if you were served by publication, you need to get to a lawyer to help you here. There may be a good chance of you undoing the judgment. Even if not served by publication, if you can prove you were not served (e.g., you were out of state on the date they claim they personally served you), you can get the judgment set aside. You need to move quickly. There are 2 time frames on this: (1) a 6 month deadline from the entry of your default or (2) possibly 2 years from the default, particularly if it was by publication. It runs from default, not the date of judgment which I suspect is 7/23/12. I strongly urge you to get legal representation as you will not very likely figure out how to undo the damage here on your own.

The driver of the vehicle who hit the pedestrian is liable for the pedestrian's injuries and damages. If the driver was working for a company at the time of the accident, then both the driver and company are liable as a company is "vicariously" liable for the negligence of their employees. If the vehicle was insured then that the insurance company would have to pay the pedestrian on behalf of the driver and company, if applicable. If the vehicle was not insured, then the driver's or company's automobile insurance company would have to pay. A vehicle's automobile insurance is primary; a driver's insurance, if the owner and driver are insured under the same insurance policy, is secondary. Unless the owner of the property was negligent, that is, the owner did something wrong that caused the accident, either in full or in part, the owner would not be liable for the accident. You might want to talk to a personal injury attorney about the case.

Normally the rental is surrendered as soon as you agree on the value of the total loss and you surrender the car/title and they give you their check. This all should be done in a day or so. No reason for long delay why do you need a "few more days" whats up here?what are you trying to accomplish?