being served a summons...

[poorgradstudent]

I am in the state of Florida. I was found at fault for an accident that I did not cause. There are various witnesses who gave the license plate of the car which ran me off the road. Unfortunately, due to delays with the attorney, the appeal was not filed in time.

Now, 4 years later, I have been served a summons to court for various charges including plaintiff's loss of enjoyment of life, disabilities, etc etc. I have contacted my insurance company and they are doing their thing - I will not stand for this. Suffice to say, the accident was severe, but the plaintiff suffered no internal damage (no broken bones, etc) nor external scarring as a result.

My question is: How much am I liable for here? I am a poor graduate student, first of all, across the country, in California. I can't imagine how much it will cost to fly out to FL, and I don't know how long these proceedings will take. How much can they sue me for? Can they take my student loans and leave me with the debt? Is my school, aka future career, aka life on the line here????

 

[Country Living]

What did your insurance company say when you contacted them about this matter?

 

[poorgradstudent]

What did your insurance company say when you contacted them about this matter?

They told me that their adjuster is looking at my case.

 

[Country Living]

1. What were the results of your insurance company's investigation four years ago (when you first contacted them at the time of the accident)?

2. When you had your most recent contact, did you tell them you have a summons that is time sensitive?

3. Do you have a copy of the coverages you had at the time of the accident? How much you'd be liable for is the difference between your insurance coverage and the amount for which you are successfully sued.

For some reason, I thought California had a two year statute of limitations for personal injury. http://www.statutes-of-limitations.com/california.htm Someone versed in California law needs to answer that question. Regardless - your insurance company knows the statute of limitations in each state and what can and cannot be done. This may be a question to ask.

 

[weenor]

1. What were the results of your insurance company's investigation four years ago (when you first contacted them at the time of the accident)?

2. When you had your most recent contact, did you tell them you have a summons that is time sensitive?

3. Do you have a copy of the coverages you had at the time of the accident? How much you'd be liable for is the difference between your insurance coverage and the amount for which you are successfully sued.

For some reason, I thought California had a two year statute of limitations for personal injury. http://www.statutes-of-limitations.com/california.htm Someone versed in California law needs to answer that question. Regardless - your insurance company knows the statute of limitations in each state and what can and cannot be done. This may be a question to ask.

Op indicates that the accident happened in Florida, so the 4 year Florida statute of limitations would apply in his case. OP your exposure will depend on the liability limits of the policy in force at that time. Your insurer will handle the defense. However, if your policy limits were on $20,000.00-25,000.00 you could be on the hook for the rest.

 

[Country Living]

Thanks, weenor

I confused myself. He said he's in Florida; but, would have to fly across the county from California to Florida. I caught the first part but missed the last part.

I sure hope he notified his insurance company of the accident when it happened. It's pretty darn hard to thoroughly investigate an accident with injury four years later when you're under a time frame to appear in court.

 

[moburkes]

OP maynot even have HAD liability insurance. In FL, lbodily injury liability is not required. The only requirements are PIP and property damage. UH OH!