Statute of Limitations issue

[DEPO]

I am from Indiana

I had an accident on June 6 in 2001, did the insurance company, car fixed so forth and so on.... did all the phone interview things..

I was car number 3 of a 4 car and 4 ran

So all is good.... Registered mail came and I am being sued by one of the insurance companies... I have brought it to my insurance company and they are taking care of it.

But this suit was filed in open court on July 15th of 2003

I did some research Indiana code 34-11-2-4 states a two year statute.... Two questions....

1) Is this code the one that would properly apply to this issue

2) Do I have to wait until the court date to file a motion for dismissal?

Any other info I should look for?

 

[I AM ALWAYS LIABLE]

I am from Indiana

I had an accident on June 6 in 2001, did the insurance company, car fixed so forth and so on.... did all the phone interview things..

I was car number 3 of a 4 car and 4 ran

So all is good.... Registered mail came and I am being sued by one of the insurance companies... I have brought it to my insurance company and they are taking care of it.

But this suit was filed in open court on July 15th of 2003

I did some research Indiana code 34-11-2-4 states a two year statute.... Two questions....

1) Is this code the one that would properly apply to this issue

2) Do I have to wait until the court date to file a motion for dismissal?

Any other info I should look for?

My response:

Not if it's a "cross-complaint". Is it?

What was the exact date of the accident?

What was the exact date of filing on their complaint against you?

IAAL

 

[DEPO]

In the suit I received as registered mail.....

I saw nothing that said cross-complaint... define and I could give a better idea it is....

The accident date it June 6th 2001

The stamp and seal by the deputy clerk is July 15th 2003... that would be date filed correct

 

[I AM ALWAYS LIABLE]

In the suit I received as registered mail.....

I saw nothing that said cross-complaint... define and I could give a better idea it is....

The accident date it June 6th 2001

The stamp and seal by the deputy clerk is July 15th 2003... that would be date filed correct

My response:

Look at the first page of the Complaint at the caption. Under where your name appears, does it say "defendant" or "cross-defendant". If neither, what does it say?

IAAL

 

[DEPO]

I am named as defendant

What is a cross complaint.......?

So what ya think and thanks so much.....

 

[stephenk]

the statute of limitation begins to run when the insurance company paid money, not from the date of the accident.

 

[DEPO]

StephenK.... I do not mean to insult... cause I will tell you this much ... I am not an expert...

But right in the code it states it is from the time of the incident... or the "cause of action" that would be the accident date...

How did you come up with the time the start time?

 

[stephenk]

Because the cause of action is by the insurance company seeking reimbursement for paying their insured's property damage. The insurance company's "damages" accrued when they cut the check for the money, not the date of the underlying auto accident.

but hey what do I know. I only practice insurance defense for a living.

 

[DEPO]

Stephen as I said.... I am not doubting your expert information, but I was curious to how they could file a suit two years and one month past the accident date.

 

[stephenk]

Once again, the insurance company's cause of action did not arise on the date of the accident. their cause of action arose the date they paid for their insured's property damage. That date is obviously after the accident date.

So, if the driver of that car wanted to sue you, they would use the accident date as the starting point for determining the statute of limitations.

The insurance company uses the date they cut the check to pay for the damage, ie. about a month or so after the accident.