ANSWERS: 2
  • From what I have read, if the other party does not respond, it is an automatic win. You need to ask your attorney what happened to the settlement. You should have heard from the insurance company by now.
  • Having been in the legal field for many more years that I care to say, I agree with the previous post. If the Defendant never answered the complaint (they have 20 days from the date they were served with the Complaint to file a response), your attorney should have moved the Court for a Motion for Default and then a Default Judgement against the Defendant. This should have been done on the 21st day. Now, if the Defendant had asked for an extension to file a response (say an additional 30 days) that's fine if your attorney agreed. If so, on the 31st day, a Motion for Default should have been filed. Then once the Default is secured, depending on if the Defendant is an individual, an insurance company, a corporation, you can have your attorney have an asset check performed to see if there is any money for you to obtain to assist in your damages. If you have any questions, let me know. Good luck!

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