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  #1  
Old 03-01-2009, 11:07 PM
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Join Date: Mar 2009
Posts: 1

statute of limitations and summons


What is the name of your state (only U.S. law)? CA
I was in an accident where I rear-ended someone about 1 1/2 years ago. I thought it was all done and handled by my insurance and have come to find out that they did not accept whatever the insurance had offered them and are likely to sue (I believe for injury). While it was my fault the damage was minor and the person was fine at the time. In fact I saw them driving the car the very next week (as I recognized the damage, small dent, and license plate).
As far as I know the statute of limitations will be up in another 6 months. If they cannot serve me by that time will I be safe as this is obviously frivolous. Even my insurance company agrees. Or because they are starting the process now will it be within the time frame.
If I do need to just let them sue me, even if the insurance company provides a lawyer, I do not have a job with time off. I will lose money and time in travel that I really can't afford. If there is a settlement or judgment, will the insurance cover that too even if it is more than they originally offered the plaintiff?
And please before you judge, the light was green, I was making a lane change and checking over my shoulder just when it turned yellow and the person slammed on their brakes. I did too but not in enough time to avoid hitting them slightly. It could happen to anyone. And I know this person was not injured, I believe it is actually another family member who owned the car who wants to sue.

Last edited by sf-driver; 03-01-2009 at 11:16 PM.
  #2  
Old 03-02-2009, 12:13 AM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,821
Just because they sue does not mean you need to go anywhere. It may just mean that they are still treating and want to file so they don't have to worry about the SOL. But no, you don't get anything for time off of work. You are at fault, this is part of the deal.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
  #3  
Old 03-02-2009, 08:51 AM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,545
Quote:
Originally Posted by sf-driver View Post
If they cannot serve me by that time will I be safe
They have up to two years to FILE their lawsuit against you. Once filed, they can pursue service. If you avoid service as you threaten, they can simply pursue alternate service for the suit, including publication. If you force them to that extent and they serve by publication, you might not know of their lawsuit (and present your defense to same) until after they already have a judgment.

Quote:
Even my insurance company agrees.
Then you have absolutely NOTHING to worry about. Allow them to serve you and then notify your insurance company.

Quote:
If I do need to just let them sue me, even if the insurance company provides a lawyer, I do not have a job with time off. I will lose money and time in travel that I really can't afford.
Not relevant. You should have thought of that BEFORE causing damage to someone else.

Quote:
If there is a settlement or judgment, will the insurance cover that too even if it is more than they originally offered the plaintiff?
No.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #4  
Old 03-02-2009, 10:46 AM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,821
YES, your insurance will pay the settlement or judgement, unless there is a judgement for more then your policy limits.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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