I have been sued (Insurance Defence)

There are many ways a person can get sued. Here are a few examples:

  1. You were involved in a motor vehicle accident and somebody was injured or property was damaged
  2. You owned or leased a house or an apartment where someone became injured and/or suffered property damage
  3. You owned or leased a business where someone became injured and/or suffered property damage, either on site or as a result of the business's activities
  4. You are a professional who performed a service for somebody and you are being accused of being negligent

In most of the above examples the average person has access to a policy of insurance. If you are being sued as a result of a motor vehicle accident you would likely have insurance on your motor vehicle. If you are being sued as a result of somebody falling at your home or business you probably have insurance on your house or business workplace, etc. This means that an insurance company can cover the legal costs of the lawsuit as well as the damages claimed by the Plaintiff(s). The policy's limits are usually much higher than a person could fund themselves. In Canada $500,000, $1 million, $2 million or more are common policy limits.

If you have insurance, then in the above scenarios you should report the possibility of a lawsuit to your insurance company. It will often assign an adjuster to handle the matter for you. Eventually, the adjuster or the insurance company may assign a defence lawyer to handle things on your behalf at no cost to you.

In some situations there is no insurance coverage at all or the insurance company may say that you are not covered by the insurance coverage you have. In those cases Murphy Collette Murphy may be able to help. In cases where we believe we can help you, we can work for an hourly rate, based on an agreed-upon retainer.

If you are unsure of what to do when you have been served with a lawsuit, or if your insurance company has denied coverage, please contact us. Even if you do not think you fit into one of the above scenarios, you may still be able to get legal help. After a brief (15-30 minutes) consultation (always free of charge) we can help you figure out what your next step will be.

Ignoring a lawsuit once you have been served is always a very bad idea. If you do not defend the legal action, you will be "noted in default" meaning you are considered as admitting to all of what the Plaintiff is claiming you have done to them. The Plaintiff will then prove damages and get a Judgment and enforce it against you to be repaid for their losses.

What to do if you have been in a motor vehicle accident WHAT TO DO IF YOU HAVE BEEN IN A MOTOR VEHICLE ACCIDENT

What to do if you have been served with a lawsuit WHAT TO DO IF YOU HAVE BEEN SERVED WITH A LAWSUIT

Murphy Collette Murphy


Murphy Collette Murphy has been a leading provider of insurance related legal services to a variety of property and casualty insurers for over 20 years.The senior partners of the law firm, Henry J. Murphy and J. William Collette, practiced together for a number of years before establishing the firm in 1991.

Address: 250 Lutz Street Moncton, New Brunswick E1C 5G3
Telephone: 506.856.8560
Telecopier: 506.856.8579
Email: manager@murco.nb.ca