statute of limitations

[inigo]

What is the name of your state?UT

Involved in traffic accident on or about Oct 11 2001, just received papers I am being sued, in the letter it states a lawyer has been retained for me by an insurance company, could not reach anyone today can anyone offer me explanation as to why the insurance company has retained an attorney and what the statute of limitations are for Utah in this situation?

The plaintiff is listed as a person and not an Insurance company and is being represented by an attorney, interestingly it lists me the defendant as owner of a car that I never owned but the accident was reported, any ideas?

 

[seniorjudge]

What is the name of your state?UT

Involved in traffic accident on or about Oct 11 2001, just received papers I am being sued, in the letter it states a lawyer has been retained for me by an insurance company, could not reach anyone today can anyone offer me explanation as to why the insurance company has retained an attorney and what the statute of limitations are for Utah in this situation?

Thanks,

I believe it is four years; which means the lawsuit had to have been filed on or before 11 Oct 05.

 

[Trucking Mad]

What is the name of your state?UT

Involved in traffic accident on or about Oct 11 2001, just received papers I am being sued, in the letter it states a lawyer has been retained for me by an insurance company, could not reach anyone today can anyone offer me explanation as to why the insurance company has retained an attorney and what the statute of limitations are for Utah in this situation?

Thanks,

The (SOL) depends on the particulars of the accident. The basics are 4 yrs. on an injury related accident and 3 yrs. on propery damage.
You need to look at the date the papers were dated for the law suit. It's unusual for an ins. co to retain a lawyer on your behalf. Quite possibly the lawyer is representing the ins. co. in this case with your name attached as the insurer in the accident. Apparently their must be some injury involved in this accident?

 

[GA LYNCH MOB]

I believe it is four years; which means the lawsuit had to have been filed on or before 11 Oct 05.

You see, this is one of the reasons why you're not an attorney. You can't spot the obvious, and you're unable to advise on the actual law.

First of all, our writer didn't give nearly enough information, so some educated speculation needs to happen. Initially, the Statute of Limitations in Utah for Personal Injury is TWO YEARS, not four.

So, if the SOL is two years, how does this type of filing occur if the accident happened in 2001?

Well, there are only two ways this could happen: 1) the plaintiff doesn't know what they're doing; or 2) this is a "subrogation" lawsuit by the plaintiff's INSURANCE COMPANY; the latter happens only when the UNDER-INSURED MOTORIST claim of the Plaintiff "insured" has ended with a payment in that person's favor. Then, and only then, does the subrogation lawsuit of the Plaintiff's insurance company "ripen" and then that insurance company can file a timely lawsuit against our writer.

Try going to law school, Judgy.


IAAL


78-12-28. Within two years.
An action may be brought within two years:
(1) against a marshal, sheriff, constable, or other officer for liability incurred by the doing of an act in his official capacity, and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution;
(2) for recovery of damages for a death caused by the wrongful act or neglect of another;
(3) in causes of action against the state and its employees, for injury to the personal rights of another if not otherwise provided by state or federal law; or
(4) in causes of action against a political subdivision of the state and its employees, for injury to the personal rights of another arising after May 1, 2000, if not otherwise provided by state or federal law.

Amended by Chapter 157, 2000 General Session

 

[inigo]

the section of the law that was quoted states within two years for damages from death, luckily no one died, would the limitation still apply?

 

[GA LYNCH MOB]

the section of the law that was quoted states within two years for damages from death, luckily no one died, would the limitation still apply?

I'll tell you what. You apparently didn't read or understand this: "First of all, our writer didn't give nearly enough information, so some educated speculation needs to happen."

So, instead of asking more questions, why don't you lay out the entire factual situation so that we don't have to speculate - - INCLUDING THE AMOUNTS OF INSURANCE YOU AND THE OTHER PERSON HAD ON THE DATE OF LOSS. How's that?

IAAL

 

[inigo]

Honestly not sure about the plaintiff but I can tell you that I would have had the minimum amount, but again not sure either 25,000 or 50,000. But I do not see what that has to do with satute of limitations and that is why I am not a lawyer and posted the question in the first place

thanks

P.S. I am guessing by the writer you are refering to the writer of the policy.

 

[GA LYNCH MOB]

Honestly not sure about the plaintiff but I can tell you that I would have had the minimum amount, but again not sure either 25,000 or 50,000. But I do not see what that has to do with satute of limitations and that is why I am not a lawyer and posted the question in the first place

thanks

P.S. I am guessing by the writer you are refering to the writer of the policy.

No. When I say "writer", I mean you. But, since you're unable or unwilling to write the facts as I've requested, I wish you a pleasant evening, and a nice Holiday.

IAAL

 

[Trucking Mad]

the section of the law that was quoted states within two years for damages from death, luckily no one died, would the limitation still apply?

Don't be mislead about the SOL being 2 yrs.. For the state of Utah it's 4 yrs. on personal injury and 3 yrs. on property damage.
Negligent torts are when the acting party was acting unreasonable, unsafe, careless, I.E.-auto accidents. Negligent Torts have a (SOL) that is 4yrs. as long as a govn. agency or individual was not involved. The (SOL) involving the govn. is much less.
Utah has enacted strict (SOL). If they miss the deadline for filing a case their case will most likely be thrown out of court, at this point they simply don't have a case anymore.
The (SOL) begins from the date of the accident!
THESE ARE THE FACTS! GOOD LUCK TO YOU!

 

[GA LYNCH MOB]

Don't be mislead about the SOL being 2 yrs.. For the state of Utah it's 4 yrs. on personal injury and 3 yrs. on property damage.
Negligent torts are when the acting party was acting unreasonable, unsafe, careless, I.E.-auto accidents. Negligent Torts have a (SOL) that is 4yrs. as long as a govn. agency or individual was not involved. The (SOL) involving the govn. is much less.
Utah has enacted strict (SOL). If they miss the deadline for filing a case their case will most likely be thrown out of court, at this point they simply don't have a case anymore.
The (SOL) begins from the date of the accident!
THESE ARE THE FACTS! GOOD LUCK TO YOU!

Please quote the statute section, or reprint the entire law to which you are referring.

IAAL

 

[GA LYNCH MOB]

That's what I thought. You don't know what the hell you're talking about. The SOL is two years.

IAAL

 

[inigo]

I beleive here are the two points that are in question:

78-12-26. Within three years.
An action may be brought within three years:
(1) for waste, or trespass upon or injury to real property; except that when waste or trespass is committed by means of underground works upon any mining claim, the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting such waste or trespass;
(2) for taking, detaining, or injuring personal property, including actions for specific recovery thereof; except that in all cases where the subject of the action is a domestic animal usually included in the term "livestock," which at the time of its loss has a recorded mark or brand, if the animal strayed or was stolen from the true owner without the owner's fault, the cause does not accrue until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession of the animal by the defendant;
(3) for relief on the ground of fraud or mistake; except that the cause of action in such case does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake;
(4) for a liability created by the statutes of this state, other than for a penalty or forfeiture under the laws of this state, except where in special cases a different limitation is prescribed by the statutes of this state;
(5) to enforce liability imposed by Section 78-17-3, except that the cause of action does not accrue until the aggrieved party knows or reasonably should know of the harm suffered.

An action may be brought within four years:
(1) upon a contract, obligation, or liability not founded upon an instrument in writing; also on an open account for goods, wares, and merchandise, and for any article charged on a store account; also on an open account for work, labor or services rendered, or materials furnished; provided, that action in all of the foregoing cases may be commenced at any time within four years after the last charge is made or the last payment is received;
(2) for a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Fraudulent Transfer Act:
(a) Subsection 25-6-5(1)(a), which in specific situations limits the time for action to one year, under Section 25-6-10;
(b) Subsection 25-6-5(1)(b); or
(c) Subsection 25-6-6(1);
(3) for relief not otherwise provided for by law.

 

[Trucking Mad]

That's what I thought. You don't know what the hell you're talking about. The SOL is two years.

IAAL

Sorry my friend, SOL's vary from state to state & if you simply look under statute of limitations and list a state you will obtain the correct info. Maybe you need to check yourself before you start giving advice. Also you don't need to be an attorney to give advice on this free forum but you should be informed. I suggest before you start trying to slamm others for giving advice you read the agreement you agreed to when you signed onto this forum!

 

[GA LYNCH MOB]

Sorry my friend, SOL's vary from state to state & if you simply look under statute of limitations and list a state you will obtain the correct info. Maybe you need to check yourself before you start giving advice. Also you don't need to be an attorney to give advice on this free forum but you should be informed. I suggest before you start trying to slamm others for giving advice you read the agreement you agreed to when you signed onto this forum!

I "suggest" you should stop being stupid. Now, when you decide to get a brain, post the statute number, or the code itself that says the SOL for injuries is 4 years.

IAAL

 

[Trucking Mad]

I "suggest" you should stop being stupid. Now, when you decide to get a brain, post the statute number, or the code itself that says the SOL for injuries is 4 years.

IAAL

I've already stated the facts. If YOU or the OP don't want to accept them that is your problem not mine. I have stated the SOL for the state of Utah. If you want to prove this wrong then gather the information and post it rather then posting a general SOL that has nothing to do with the state of Utah in reference to auto accidents. Now go on and run Forest, run.
Good luck on that, Bubba.