missing357 said:
I went to the Superior Court to check if there were any lawsuits filed against me and there is not.
I called the collection agency to tell them that i refuse to pay since I'm not legally obligated to pay. They said the statute of limitations argument is invalid because the victom filed the claim within the year to his insurance company and insurance companies have a 4 yr statute.......is this true??
Hey I AM ALWAYS LIABLE are you a real lawyer?? If you are would you like to represent me if I do get a summons?? Not for the $700 but we can work somethin out
My response:
Excellent. I had a feeling they didn't file a lawsuit against you. And now, you've got THEM on the defensive !! They now know, that YOU know. Good for you, too !! You stood up to them, and you stood up for yourself - - with a little help from the Grandmaster, good 'ol IAAL.
They're blowing smoke up your dress about the 4 years crap. As you know, it's not a matter of when the injured insured reported it to the insurance company, it's whether he, or the insurance company filed a LAWSUIT against you in a court of law. So, their argument is a load of CRAP. And, they didn't file a lawsuit, as you know.
You have already read my explanation and the case law. What did it say?
Read them again:
"As subrogee, an insurer has no greater rights than those of its insured. Thus, its claim against the tortfeasor (YOU) who caused the loss is subject to whatever defenses that party could assert against the insured. [Commercial Union Assur. Co. v. City of San Jose (1982) 127 Cal.App.3d 730, 733, 179 Cal.Rptr. 814, 816] "
"Under settled principles, an insurer in its role as subrogee has no greater rights than those possessed by its insured, and its claims are subject to the same defenses." [Liberty Mut. Ins. Co. v. Fales (1973) 8 Cal.3d 712, 717, 106 Cal.Rptr. 21, 24] "
"The STATUTE OF LIMITATIONS on a subrogation action against the responsible party based on a first party loss IS THE SAME as for an action by the insured, regardless of the date the insurer pays the loss. [Commercial Union Assur. Co. v. City of San Jose (1982) 127 Cal.App.3d 730, 733, 179 Cal.Rptr. 814, 816] "
IT'S A ONE YEAR STATUTE OF LIMITATIONS FOR INJURIES !!
That's right, they're blowing smoke up your dress.
Yes, I'm a real, honest to goodness, trial litigation attorney - - have been for nearly 21 years. I think you know I was only kidding with you about the $700.00. No, I can't - - rather I won't - - represent you. Not because you're not a nice person, or that you don't have a WONDERFUL defense to their claims, so don't get me wrong. I won't do it because:
1. You couldn't afford me.
2. It would be wrong for me to solicit business from these Boards.
3. My offices are in Los Angeles - - you're in San Francisco.
However, even a first year graduate, just starting out in a brand new lawfirm, could beat this matter with both hands tied behind his/her back.
If they do decide to sue you, take all of these posts to an insurance defense attorney and watch the collection agency get the crap beat out of them.
But, let me know what happens. And let me know if they call you or write to you again. I'll let you know when it's time for you to hire a defense attorney.
IAAL