I have to go to small claims court in 3 weeks do to an accident I personally did not commit. I let my father in law borrow my truck and he taped the bummper on someone's car. There insurance company is sueing me for $2,000, for the repair of the bumper. The writ of summons that I recived has my name and address misspelled. There was no claim reported with my insurance company, even though my insurance information was shared with the other party involved. What should I do.
Answer
If this happened in MD, you are not liable because your father in law was using the truck for his own purposes. The other driver, through his insurance company, could have, and still could, sue your father in law, assuming the accident happened within the past 3 years. Make sure you show up on time in court and be prepared to tell the judge that you weren't driving and that the vehicle wasn't being used at the time by someone running an errand for you or otherwise acting as your agent. It's strange that the other insurance company isn't dealing directly with your insurance, because they would settle his claim after evaluating the actual damage. If you want to avoid going to court, you could call the lawyer who filed the suit and ask him or her why they didn't settle it with your company, since in all likelihood your father in law would be covered under your policy. That might result in them canceling the court hearing and going in that direction. But remember that you could be potentially surcharged on your premium going forward if your company does end up paying a claim. It would also be a good idea to report the accident to your insurance if you haven't already done so.,
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