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Summons from US

15 replies

SauvignonBlanche · 24/06/2012 22:12

I was served a summons on Tuesday. It was informing me that a lawsuit was being taken against me for personal damages in excess of $15,000 for negligence.

I was involved in an RTI on the last day of a holiday, I was in Orlando at the time.
I went through a green light and turned left which, of course, is like turning right here, you don't automatically have right of way. An oncoming driver hit me and clearly I was at fault.
I obviously enquired after the drivers well being and if he had hit his head. Everyone was ok, no one was hurt.

I was in a hire car and handed over all insurance details, the police were called as you have to over there. The other driver said he was relieved I had insurance and all seemed airily good natured, the police officer said she could give me a 'citation' but wasn't going to.
I handed over all the paperwork when returning the hire car and after a period of time thought no more about it.

I've no paperwork relating to this incident, I wouldn't have remembered who I hired the car with if the paperwork hadn't mentioned it.
There's a list of 24 questions to answer, including have I ever received a conviction which resulted in the death penalty or imprisonment for over a year!

It states that the questions are to be answered under oath and there's a space for an Orange County Court clerk to sign. The right to trial by jury is mentioned!

DH has spoken to the car hire firm and is sending all the paperwork to them.
I can't help feeling worried.

Why has it taken so bloody long? Confused

OP posts:
threeleftfeet · 25/06/2012 10:19

I'm sorry I don't know how to help, but I didn't want to leave you unanswered, it must be a very stressful time.

How long was it since it happened by the way?

You need to get legal advice of course, do you know how to go about doing that?

Collaborate · 25/06/2012 10:27

You should go through the insurance company rather than the rental company.

susiedaisy · 25/06/2012 10:29

Might be worth contacting a solicitor and taking the paperwork to them so they can give a bit of advice I know it's costs but might save you fretting so much, and they will be able to let you know what you can expect from your insurance company, the small print is a nightmare and they should able to clarify things better for you.

mumblechum1 · 25/06/2012 10:47

Agree with Collaborate, you need to get on to the insurers, via the car hire company, immediately.

SauvignonBlanche · 25/06/2012 17:17

Sorry, I thought I'd said, it's been over 2 years ago, so don't have any paperwork at all.
DH got onto the car hire company legal dept for me whilst I was at work and is sending the paperwork to them.
What I don't understand is why Orange County court sent it to me in the first place, I'd handed over all my insurance details at the time.

OP posts:
Collaborate · 25/06/2012 23:02

They will have sent it to you presumably in the same way that it operates here. You are still the defendant, and therefore have to be served. The insurance company might have been dealing with it all along. I suggest that you ring the plaintiff's solicitor and ask who the insurance company is.

suburbandweller · 26/06/2012 09:35

Just to add on this, try not to panic. The likelihood is that the insurers have been slow in reaching a settlement and the other driver's insurers have issued a claim to push things on. Given the likely low value of the claim and the fact that you are in the UK, you probably won't be required to give evidence in person in the US because the costs of getting you out there would be disproportionately high. The summons is likely to be aimed at establishing the full background to the accident and liability for repair costs. Even civil claims in the US take place via jury so don't worry on that front. Get the hire company to put you in touch with the insurers so that you can be kept properly informed.

SauvignonBlanche · 26/06/2012 18:08

Thanks! My rational mind is keeping calm, but I still get the occasion vision of me in an orange jumpsuit. It's not a pretty sight!

OP posts:
lisaro · 26/06/2012 18:45

Free the Sauvignon one!! having t shirts printed as we speak

YouveCatToBeKittenMe · 26/06/2012 18:51

have I ever received a conviction which resulted in the death penalty

How would you have replied if that had been the case?

I'm sorry i won't be able to attend as i have been executed?
Very odd

2 years is a long time to sort it are you sure it's genuine?

SauvignonBlanche · 26/06/2012 19:11

Thanks lisaro Grin
I'm not making that bit up about the death penalty!
It's genuine, there's lots of detail that would only be known by someone who was there.

OP posts:
BlackSwan · 26/06/2012 20:03

SavBlanche - what a pain in the neck. Get a lawyer & dig up your travel insurance details... you did have travel insurance, right? Notify them immediately.

The death penalty bit just puts it all in perspective doesn't it!? It's not as serious as all that.

SauvignonBlanche · 29/06/2012 19:39

It's the death penalty bit that makes me realise what a different legal system I'm up against!

After lots of phone calls, some international, DH appears to have found the correct department to deal with in. The US dept of the insurance company used by Alamo.
I am awaiting contact from an attorney now, feel a lot calmer now. Smile

OP posts:
BlackSwan · 29/06/2012 22:07

I'm talking about travel insurance though - not your car insurance.

Yddraigdragon · 29/06/2012 22:14

Is it worth checking whether you have legal assistance included in your house insurance? Pretty sure I saw something in my blurb mentioning assistance if you are sued but I might have been dreaming

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