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Uh oh...I just got a summons; Auto accident

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gretch30

Junior Member
What is the name of your state? Kentucky
Interestingly enough I just received a civil summons in the mail today dated 2 years and 360 days from the date of the only car accident I've ever had. I had come from the doctors office for my then 4 year old daughter and was headed to the store to pick up an antibiotic for pneumonia for her. I was driving very cautiously because the roads were icy and she was sick and scared of the road conditions too. The short of it is that I came around a long curve, my car hydroplaned on ice and I had no control of the steering or the brakes (don't ever buy a toyota camry, it's like driving an aluminum can). The car was flying and up several yards in front of me was a guy stopped in his car at the red light and the front corner of my car ran into the back end of his car. All was fine. "No one was hurt." The guy (older guy working for the Ford plant up the street) asked if he could sit in my car with me and my child while we waited for the cops. I felt bad about the situation so I chose to be a dumbass in the awkward moment and let him in. He smelled of alcohol and was talking about how he wasn't even supposed to be out of the building. And he hoped he wasn't going to get in trouble at work since he snuck out. So the police show up, I tell the cop what happened. He writes things up...which seems like forever while I've got this smelly chatterbox drunk in my car. No problems. No airbags went off, no ambulance was called. No complaints. The guy even called me a few days later wanting to know what he was supposed to do. I told him to call my insurance company and his insurance company. I asked him if he was doing okay physically and he said yes. So this summons comes today with demands for damages that are in excess of what his own insurance will pay for. Then it makes a claim that I was underinsured according to the KY statutes??? How could I be underinsured? We've been with our insurance company for years and have had a good policy. And wouldn't it be illegal for the insurer not to have us "legal".??? Anyway, the guy has sued me and his own insurance company for more money forever basically. That he is severely physically hurt now and forever til death do us part. AND that I was negligent and careless??????? How could I have been negligent and careless??? And that that is why I'm being sued for damages too. I don't get it. And why in the world is this the first I've heard of anything about this accident?? Should I have been getting something in the mail from my insurer all this time letting me know this guy's making claim after claim or what? Somebody tell me something, please! Can I trust my own insurance company if I call them or should I be doing that through legal paperwork? Obviously I've got about 14 days to come up with a response. So I'll take any sound suggestions to get me going on a solid path to defending myself.
 


BelizeBreeze

Senior Member
Next time use PARAGRAPHS.

Send this to your insurance carrier. That's what they are for. Although I have no idea why this idiot thinks the statute of limitations hasn't run. In Kentucky, the sol for personal injury is one year.
 

moburkes

Senior Member
Next time use PARAGRAPHS.

Send this to your insurance carrier. That's what they are for. Although I have no idea why this idiot thinks the statute of limitations hasn't run. In Kentucky, the sol for personal injury is one year.
And besides the ranting and raving, she hasn't given us any information about what he is suing her for, so what other advice would she need?:confused:
 

gretch30

Junior Member
Ranting and Raving

Well, let me rant for another minute here. First, thank you to the person who offered the advice. I will check on that tomorrow morning first thing. Second, I'm a mom of a 7 yr. old and a 20 month old. You'll have to excuse me if the fear of losing money that my family needs could be sued right out from underneath me might make me rant and rave. Additionally (of course, right? just call me "rant and rave"), I didn't give you any less info than what's in the summons. Alot of crap. I think I just insulted myself, too.

(new paragraph)
Anyway, I appreciate the quick replies. Just don't spank me next time with insults. Thanks.
 

BelizeBreeze

Senior Member
Well, let me rant for another minute here. First, thank you to the person who offered the advice. I will check on that tomorrow morning first thing. Second, I'm a mom of a 7 yr. old and a 20 month old. You'll have to excuse me if the fear of losing money that my family needs could be sued right out from underneath me might make me rant and rave. Additionally (of course, right? just call me "rant and rave"), I didn't give you any less info than what's in the summons. Alot of crap. I think I just insulted myself, too.

(new paragraph)
Anyway, I appreciate the quick replies. Just don't spank me next time with insults. Thanks.
You should NEVER use young mother and spanking in the same sentence with me :D

Now, answer the question. Is he suing you for personal injury?
 

moburkes

Senior Member
Well, let me rant for another minute here. First, thank you to the person who offered the advice. I will check on that tomorrow morning first thing. Second, I'm a mom of a 7 yr. old and a 20 month old. You'll have to excuse me if the fear of losing money that my family needs could be sued right out from underneath me might make me rant and rave. Additionally (of course, right? just call me "rant and rave"), I didn't give you any less info than what's in the summons. Alot of crap. I think I just insulted myself, too.

(new paragraph)
Anyway, I appreciate the quick replies. Just don't spank me next time with insults. Thanks.
Well, I'm a single mother of 12 and 36 month olds, so I don't understand your point? How could you possibly have given the information that is included in the summons? So, it said that you were underinsured? Well, what were your liability limits? And, it said that you are being sued for "money forever basically"? That's interesting. And "now and forever til death do us part?" Hmmm. Even more interesting.

What factual information did you provide, other than the time difference between the accident and the summons, the fact that you were at fault, and the fact that you received a summons? This is a legal advice website, or did you not notice that?
 

gretch30

Junior Member
Specific ?s for BelizeBreeze, please

Can the Discovery Rule apply at all in an auto accident injury (supposed) case in regard to the SOL? I also read something about knowing when the 1st claim was filed by the plaintiff for his injury(s)...and....knowing when was the last PIP insurance payment. Is any of this relevant to my case of being sued for personal injury damages from this auto accident almost 3 years ago? Maybe that's why the plaintiff and his attorney filed the summons?? Thanks.
 

gretch30

Junior Member
Yes, Belize

...yes, suing for personal injury. I know someone else who needs to be spanked. But since I'm so vague about everything, I'll leave the name out.

(Did I mention I'm very pretty too....young mom...spanking...I don't even know you, what am I doing?!??!)
 

gretch30

Junior Member
Moburkes

That's why I'm relying on you, the expert. I don't know what I'm doing here...which you've noticed and pointed out. I will provide you with the information you need in a post tomorrow morning should you be available at some point tomorrow to review it. I do need help and it seems you know what you're talking about it....you just want facts, no fluff.

By the way....Wow! You must be very, very busy with 2 very little ones.
 

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