Kentucky statute of limitations

[cjgma]

My daughter allowed a friend to use her car. He had a serious 2-car accident w/injuries & was at fault. What is statute of limitations in KY as far as anyone suing us for personal injuries? Our Ins. co. has made some settlements but said that did not eliminate my daughter being sued.

 

[I AM ALWAYS LIABLE]

My daughter allowed a friend to use her car. He had a serious 2-car accident w/injuries & was at fault. What is statute of limitations in KY as far as anyone suing us for personal injuries? Our Ins. co. has made some settlements but said that did not eliminate my daughter being sued.

My response:

Is your daughter a minor ? Who owns the car ? You ? Her ? Both of you ?

You talk about someone suing you, and then you switch gears on me by saying that the insurance company said that your daughter can be sued. So, who owns the car.

The S.O.L. in Kentucky is 1 year from the date of the accident. That means, as long as the injured party has filed a lawsuit within the S.O.L., they can serve your daughter with a Summons and Complaint at any time.

IAAL

 

[cjgma]

KY sol

My daughter allowed a friend to use her car. He had a serious 2-car accident w/injuries & was at fault. What is statute of limitations in KY as far as anyone suing us for personal injuries? Our Ins. co. has made some settlements but said that did not eliminate my daughter being sued.

My response:

Is your daughter a minor ? Who owns the car ? You ? Her ? Both of you ? THANKS FOR YOUR RESPONSE. WE ARE BOTH ADULTS. WE BOTH HAD OUR NAMES ON THE TITLE.

You talk about someone suing you, and then you switch gears on me by saying that the insurance company said that your daughter can be sued. So, who owns the car.

The S.O.L. in Kentucky is 1 year from the date of the accident. That means, as long as the injured party has filed a lawsuit within the S.O.L., they can serve your daughter with a Summons and Complaint at any time. ACCIDENT HAPPENED 13 MONTHS AGO AND NO ONE HAS CONTACTED US RE A SUIT. CAN WE RELAX NOW?

IAAL

 

[I AM ALWAYS LIABLE]

My response:

You've got to read more carefully. I said :


"That means, as long as the injured party has filed a lawsuit within the S.O.L., they can serve your daughter with a Summons and Complaint at any time."

Which means, you can't relax.

IAAL

 

[cjgma]

My response:

You've got to read more carefully. I said :


"That means, as long as the injured party has filed a lawsuit within the S.O.L., they can serve your daughter with a Summons and Complaint at any time."

Which means, you can't relax.

IAAL

How do we find out if an injured party has filed a lawsuit within the s.o.l.? The 5 involved in the 2-car accident live in KY; I live in CO; my daughter now lives in AZ.

 

[I AM ALWAYS LIABLE]

My response:

You call the courthouse in the county of Kentucky where the accident happened. You speak to to Civil Filing Clerk. You ask the Clerk to look up your daughter's name on the computer to see if a Complaint has been filed by anyone, and if so, the date the Complaint was filed.

If one has been filed, ask the Clerk how you can get a "courtesy copy" mailed to you; e.g., the costs and other procedures. As a matter of fact, ask if you can have a copy of the ENTIRE court file mailed to you. The other papers in the court file may reveal other facts that you'll need to know - - e.g., whether or not your daughter was served by way of publication of the Summons and Complaint, and whether or not there's a "default" on file.

Remember, this would only be a "courtesy copy" and you wouldn't have to act upon it. The only time you would have to act upon it is if you were served with the Complaint pursuant to Kentucky law.

If there is a court file in this matter, contact your insurance company that she had in Kentucky, IMMEDIATELY.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-18-2001 at 07:48 PM]