by clamontagna » Wed Sep 22, 2010 10:04 pm
My fiance got into an accident in a comapny vehicle. They lady was completely fine but because it was a company now she is suing. They sent a supena to our home for him to go to court. Is he personally responsible for this or is the company he works for responsible?
Thanks
Thanks
Posted: Wed Sep 22, 2010 11:01 pm Post Subject:
So was the accident reported to the drivers employer and the drivers personal carrier if they have one? It should have been reported when the accident happened and they both should have been in contact with the other parties attorney. A lawsuit needs to be filed before a subpoena is issued. Was your finance served with a legal Complaint? If so, it should have been turned over to both the company and person carrier so that they could assign it to an attorney to represent your finance. As all of this should have happened, she needs to call he attorney and ask about the subpoena.
What is this subpoena for? I'm guessing to testify at a deposition.
In the end if the subpoena is requiring your finance to appear, she needs to appear herself. But again, many other parties (attorneys) should already be aware of this.
There is a _lot_ missing from this post.
Posted: Thu Sep 23, 2010 12:29 am Post Subject:
There is a _lot_ missing from this post.
Agreed. Long before someone sues, they should have made a demand for their damages. It's only right that a party have an opportunity to resolve a conflict before making it a matter for the court to resolve.
In small claims court, for example, a case will usually be dismissed if there was no statement of one's claim and a demand made for payment to begin with.
It could be that the employer's insurance company denied certain aspects of the other party's claim, and that is what they have chosen to sue over.
Without more information, we're just guessing.
Posted: Thu Sep 23, 2010 06:18 am Post Subject:
In small claims court, for example, a case will usually be dismissed if there was no statement of one's claim and a demand made for payment to begin with.
True, it has to go like that.
I'm wondering if there are any other aspects that the employer's carrier may deny other than the entire worth of the claim!
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