Someone Please Help

[marcidonovan]

I live in Rosemead, California. In 2000, about 4 years ago I got into an accident, unfortunately I didnt have insurance at the time. I rear ended a guy, but it was not bad at all. I was not pressing the gas pedal, I literally lifted my foot off the break and tapped the back of his vehicle. Well because I didnt have insurance they suspended my license which I immediately got reissued. Recently they sent me a bill for $4,500. I had my car estimated and it came out to $14 literally! I know obviously this guy is pulling fraud but the insurance company wont do an investigation and refuses to hear my case since I didnt have insurance. They have resuspended my license recently because the insurance company has a judgement against me now. I need to know what the STATUE OF LIMITATION is for this kind of situation. Can they legally go after me after 4 years of not contacting me in regards to this? and if so how long can they do this for? If anyone is familiar with the law and my rights please help me.
Thank you, Marci

[stephenk]

when was the lawsuit filed against you? why didn't you file an answer to the complaint and defend yourself?

There is a 3 year statute of limitation for property damage subrogation by a carrier.

[marcidonovan]

I do not believe a lawsuit was ever filed against me. My situation is very complicated. I was in the middle of a bankruptcy so technically they couldnt really go after me. But my bankruptcy closed over 2 years ago. All i ever received from Mercury was an invoice no actual paperwork indicting that I was being sued. I never went to court for this. I did however want to take them to court to fight this. Now I am even more adamant about fighting this. I found about the claim against me because I contacted the DMV in order to obtain my license and they told me I had a judgement against me, and that I could not obtain my license until it got either cleared up or dismissed. Dont you have to be sued or attend a court hearing to have a judgement against you?

[stephenk]

somewhere, somehow, Mercury claims they served you with their lawsuit and you never answered the complaint. Have the DMV give you the case number for the judgment they say they have on you.

When you filed BK did you list the accident as a debt? If no, you still may have time to reopen your bankruptcy and have this debt discharged.

consult with your bk attorney asap.