Can papers be served on SNF spouse by the lady injured in the auto accident for which cs is at fault?

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Auto insurance settlement/demand and one set of docs from other side's attorney completed by me. The amount asked for is within our policy limits and it will likely settle outside of court. However if they go to the court, both are names are on the policy. Do they have to serve papers on both or just 1 of us?? I've not told any parties that spouse is at SNF as none have been asked to date.

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I'm not sure how the "auto insurance settlement/demand" factors into the suit. Could you explain? There's a demand stated in the complaint, but that's always much higher than the plaintiff's attorney likely would expect to get. It's a negotiating point. Demands by plaintiff's attorney are typically higher, defense counsel updates the insurance carrier and makes a counter offer.

But, typically, defense counsel orders medical reports, has them evaluated by a doctor, then begins negotiations for settlement. (However, this was practice back in the mid 80's; it could have changed by now).

Also, when you write that you completed "one set of docs from other side's attorney", are you referring to Interrogatories?

I'm also not clear on the timing. When you refer to service, that occurs at the initiation of the suit. Anyone who's named as a defendant must be served. There's a time limit for personal service, and court rules allow for alternate methods if the defendant can't be located.

Although it's been a few decades since I've read court rules, I don't believe that you could accept service for someone else w/o being proxy under a power of attorney. However, that could have changed.

I hope you're not trying to represent yourself as a defendant?

Since you mention policy limits, I assume you turned all the litigation papers (summons and complaint to start) over to your insurance carrier, who will select one of the defense law firms it uses to handle your defense.
Confused what is CS. Was there a car accident involving u or spouse? Was car registered to both of u or just the person driving? I am under the impression that if just one person is registered only they can be sued even if married. That's why my husband has his car and I have mine. People can only get half of what u own.
CS = community spouse. If the amount is within your coverage limits I would hope this will be settled out of court. The insurance company will negotiate the settlement on your behalf.

But why don't you just ask your friendly agent if your husband has to be involved in this at all? The reason I've stayed with my company forever is that they are very helpful with questions like this.
Relax.

You are still married.
Service of any process can be served upon you. A "substituted service" for serving your spouse can be served upon you.
Send makes a point which I had completely forgotten about: substituted service. In Michigan, the standards for application would be probably be addressed in the state court rules, based on state statute(s). If I remember correctly (and again it's been years since I worked in litigation), an order for substituted service has to be obtained, after other methods of service have failed.
Oh-oh - who is the principal policy holder? I'm hoping it's you, and not the person who is in a nursing home.

Did you never inform the car insurance provider that your spouse was now resident in a nursing home? Has there been a renewal date since that happened?

You need to tread a little carefully. Even though you were driving and you are a named driver on the policy, if you have failed to disclose notifiable information you may have given your insurer grounds to invalidate the policy. If you're the policy holder it shouldn't be a problem; if your spouse is, it could be.

But I'm hoping that you're just hoping that your spouse will never need to hear about your contretemps?
Countrymouse is correct to tread a little carefully.
In fact, (and I could be wrong), it is my understanding that the insurance company's lawyer looks out for the insurance company's interests, technically. If this goes south, you may need your own lawyer to represent your own interests, at about the time it does go south.

Just to clarify, "the lady injured" cannot serve any papers herself, at all, because she is a party to the action. But she, or her lawyer can have the papers served, is that what you meant Houseplant?

As far as having your husband served (in the SNF), if ever it would come to that:
He can be in the facility (as in a hospital) intended to return home, equals not his "residence".
Does he receive financial and legal mail at home, or at the SNF?
If you are POA, medical DPOA, then I believe you are legally his agent for service of process, in fact.
You can be served a "substituted service" for him.  Doubt it will ever come to you even having to give them your husband's address, why would you anyway....

Expect this to be resolved in a normal manner.  It is difficult and frought with worry when there is a legal action, so I understand your concerns.  It was good advice by jeannegibbs to talk to your insurance company, imo.

Hoping that the accident was not serious, and also that you were not hurt.

Disclaimer:  Not a lawyer, my advice is for discussion only, it is hearsay.  Much is researched on the internet, and we all know what that could mean.
Accident about 3 months ago. 2 months ago, received info packet from plaintiff's attorney. I am to preserve evidence - photos, witnesses, medical, social media, cameras, phone calls, e-mails. I have little to offer as we don't use social media like Facebook, I took no pictures at the accident scene, made no calls, don't post our pictures on the Internet for anybody, have never done selfies etc. I've not needed medical treatment for the accident. I've not discussed details with anybody. Due to the fact that neighbors noticed I got a new car, I've said nothing more than the fact that I was in an accident and the car was totaled. Someone else called 911at the accident scene and I spoke to police. I only said my husband was at the hospital, so could not get me home. So I kept my mouth shut and accepted a ride from a couple workers at the scene who were driving their company vehicle. I also think the officer did not want to write up reports for dead walkers too upset to cross a busy street.

We were all able to move, didn't take an ambulance, but did sustain some injury. Mine was mostly bruising where the belt and air-bag contacted me and a knee that dinged against the front below the steering wheel. The other driver got more soreness/injury than me and reported moderate pain. She had insurance and some out-of-pocket expense. The packet included copies of her medical records which show some treatment/medication/missed 2 days work. No one else was hurt at all. It was a 35mph crash but it did major damage to our cars. Hers was damaged, mine was totaled.
I asked twice and both times my insurance wouldn't say if I was required to send the document back signed, required to send it to my agent, or if I should hire my own attorney. I completed/returned all information to requesting attorney as I am trying to do exactly what is required.
4 months timeline - I received a cc'd packet of documents/demand letter sent to insurance. Based on my coverage100K maximum, they are asking for $75K settlement response w/in 30 days. All docs received so far have been via certified mail.

I told my insurance agent several months ago at renewal time that we only need to insure for 1 (me) since my spouse no longer drives. We did not discuss why. The new car loan/registration is in my name alone. The mail received from insurer and attorney shows both our names. I am listed as the driver/insured of the new car and am not clear if spouse is still considered a part of the policy. We didn't discuss policy ownership, just that he longer drives. I was not asked why, so I did not mention the snf.

I don't allow any personal mail be sent to the facility. As it is, staff deliver mail by setting it on the corner of his dresser. I've seen recreational dept. staff put mail on top of dressers. Only a few junk mail things have made it to his dresser top.
In the midst of all this, if papers have to be served I hope it is only to me and not my nursing home spouse.
I haven't said a thing to spouse as he is not able to participate, make decisions anymore. His memory is getting worse and it's harder for him to process/speak after his stroke. He's losing sense of time as well. His mobility is such that he could not get to a court house. They would have to interrogate him in bed for something that he has absolutely no knowledge of, no responsibility for. In the end he can not add to the discussion. He has no assets for anyone to attach. So I'm hoping the attorney or insurance doesn't decide my husband needs to be a part of this mess.
You have no cause to worry.

Yes, the policies will pay to their limits.
If the injured party want to pay an attorney out of pocket to then continue to come for more money...that would be a "personal liability" suit. They have to prove either criminal activity or intent to harm. These lawsuits nearly always end up dismissed.

In fact, no decent attorney would take such a case without telling the client up front that they will not win,

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