can i file the forms necessary to file a lawsuit

What is the name of your state? the name of my state is california. Is it pretty simple or straight forward to obtain the necessary forms to inform the insurance company of your intent to file a lawsuit to protect yourself before the state of limitations runs out? I was advised that simple correspondence does nothing to protect me in the event of the SOL expiring. I don't think my case is worth that much but yet at the same time I don't think the insurance company is being fair either. Therefore, I want to handle it myself but don't know how to advise the ins. co. of my intent to litigate. In phone conversations I have advised them of this but nothing else. Please help.

jpreti said:

What is the name of your state? the name of my state is california. Is it pretty simple or straight forward to obtain the necessary forms to inform the insurance company of your intent to file a lawsuit to protect yourself before the state of limitations runs out? I was advised that simple correspondence does nothing to protect me in the event of the SOL expiring. I don't think my case is worth that much but yet at the same time I don't think the insurance company is being fair either. Therefore, I want to handle it myself but don't know how to advise the ins. co. of my intent to litigate. In phone conversations I have advised them of this but nothing else. Please help.

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My response:

You still seem to think that you are obligated to "inform the insurance company of your intent to file a lawsuit . . ." I have already explained what you need to do, but yet, you're on this "one-track" thought that will do you absolutely no good. I'll say it again, the insurance company has nothing to do with your potential lawsuit - - it has everything to do with the person who caused your injuries and damages - - NOT THE INSURANCE COMPANY.

Please, for your own well-being, read my previous responses to you and make sure you understand what I have said to you. If you don't, then ask questions based upon my previous responses.

As it stands now, your current question indicates that you don't understand, and it would be fruitless to explain a complicated process such as "litigation" to you. Simply, you are not familiar with law, court rules, or procedures and to try to explain it to you, would be like speaking Greek to you.

Unless you hire a personal injury attorney prior to November 6, 2002, I would suggest that you simply let this all go.

IAAL

Thanks, I now understand what you are saying. I think what has confused me is that I have never had any contact with the individual who actually hit me but rather with his insurance company. Also, in correspondence from the insurance company, they are the ones who advised me of the SOL. In any event, I now understand I must file the suit against the driver. Do I have to retain an attorney to do so? Or, are there standard legal forms that I can file myself. Or should I just accept the offer made by the ins. co.? Sorry for being obtuse earlier.

jpreti said:

Thanks, I now understand what you are saying. I think what has confused me is that I have never had any contact with the individual who actually hit me but rather with his insurance company. Also, in correspondence from the insurance company, they are the ones who advised me of the SOL. In any event, I now understand I must file the suit against the driver. Do I have to retain an attorney to do so? Or, are there standard legal forms that I can file myself. Or should I just accept the offer made by the ins. co.? Sorry for being obtuse earlier.

Click to expand...

My response:

It's not just a matter of simply filing forms. I could tell you all the forms you'll need, but you still won't understand the significance or the dangers.

"Simply, you are not familiar with law, court rules, or procedures and to try to explain it to you, would be like speaking Greek to you.

Unless you hire a personal injury attorney prior to November 6, 2002, I would suggest that you simply let this all go."

IAAL

thanks for the advice. the insurance company has already offered me a $1000 to settle I guess I guess I will take it and be happy