Frivolous lawsuit auto accident

[glf4fun]

My mother in law was involved in an accident and is now getting sued for compensation. She was in the left turn lane, the light was green, and a lady who was going straight decided she wanted to turn left and without looking turned into her scraping the side of the car. It really didn't do much damage to either parties' car and nobody (so it seemed at the time) was hurt. My wife and I were following right behind in our car and it was clearly this ladies fault. When we stopped she was kind of upset that we had seen the whole thing. This happened about a year and a half ago. What can I do because I think it is Frivolous and this lady is trying to get something for nothing.

 

[lawrat]

I am a law school graduate. What I offer is mere information, no to be construed as forming an attorney client relationship.

When did she file? Because if she filed after one year - she cannot collect. If the insurance company already settled and she cashed the check (car damage?), then she can't sue now.

If you witnessed it, then expect to be giving your deposition as to this matter. Did she have her blinker on? If she did have it on, was it in enough time for your mother in law to see?

Is she suing the mother in law personally or has she also attached the insurance company as a party? Check the filing date and the original date of the accident about the one year statute of limitations.

 

[glf4fun]

Thank you for your reply. From what I know the insurance companies haven't settled but it has been over a year. The lady did not have her blinker on and she was stopped at the red light while the left turn light was green. She jutted into the lane we were driving in and scraped the side of my mol's car. I don't know all that she is suing for but I do expect to give my deposition. Thanks again

 

[I AM ALWAYS LIABLE]

When did she file? Because if she filed after one year - she cannot collect. If the insurance company already settled and she cashed the check (car damage?), then she can't sue now.

Is she suing the mother in law personally or has she also attached the insurance company as a party? Check the filing date and the original date of the accident about the one year statute of limitations.

My response to Lawrat:

I was wondering how you know what the Statute of Limitations is for our writer; i.e., "one year" ? I could find no State name in the post. The Limitations period could, in fact, be greater than one year depending upon the State where the accident happened.

Personal Injury and Property Damage are two, separate and distinct claims - - each having their own Statute of Limitations. For example, in California, the Limitations period for Property Damage is 3 years, and the Limitations period for Personal Injury is 1 year.

It doesn't matter if the property damage check was cashed by the claimant woman. Doing so is for the singular issue of Property Damage, having nothing to do with a settlement of, or lawsuit concerning, Personal Injury - - which is a separate issue.

Also, why would anyone include an insurance company in the lawsuit itself ? There's no reason to. The formality of a Summons and Complaint requires that only the parties are named in a lawsuit. The insurance company has NOTHING whatever to do with the "happening" of the accident - - they are merely an insurer - - unless we're talking about a "Bad Faith" lawsuit; but, I see nothing in the facts of our writer's post to indicate Insurance Bad Faith.

IAAL

 

[glf4fun]

The accident occurred on 1-24-1999 in California. The lady is claiming bodily injury (soft tissue damage). MOL is listed as an individual along with the insurance company on the papers she was sent. As far as our being witness', that seems to be divided. Some claims people say that it would not hurt for us to give our depositions, but others say the court would throw it out because we would be biased. Thanks.