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Civil Summons

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B. Hardison

Junior Member
What is the name of your state? KY

In 1999 our then 16 year old daughter was involved in a vehicle accident. A truck was
stopped to make a left turn on a two lane road. The vehicle immediately behind the truck apparently did not recognize that it was stopped and ran into the back of it. My daughter saw what was happening and immediately applied her brakes, skidded and went under the
vehicle that had just hit the truck. The impact did no damage to the vehicle she hit, but did damage to her car. The impact was not enough to deploy her air bags. A driver behind my daughter told the State Police if it had not been for the fast actions of my daughter, there could have been more collisions as several cars were behind her. He provided the officer with his name and number in my presence. At the time of the accident, the driver of the truck told the officer and others present that she was not injured and required no medical assistance. I realize that complications can arise later
but there were seemed to be no major problems.

The insurance investigator came to our home and after talking to my daughter, deemed that the accident was unavoidable. They paid for the damages to our car and we were not contacted again UNTIL 5/6/2006.

Apparently she has been unhappy with her lawyer and said he was negligent in failing to
file a Complaint on her behalf. We received this Civil Summons as third party defendants.
She received a check from her automobile liability carrier 2/25/2006 which the lawyers state she now has 2 years to file a claim for damages against the other driver that hit her and my daughter.

Is this possible, 7 years later? We are going to see the insurance company reps tomorrow but I would like to be more aware of the language. What does Tortfeasors mean?

On the front on the summons it states that unless a written defense is made by her or an attorney on her behalf in 20 days a judgement of default may be taken against her. She was only 16 then and driving our car, how can they do this and why were we not informed before now that there was a problem?

I know this is lengthy, sorry. But I really need some help Thanks
 


racer72

Senior Member
Simple. Turn over the summons to your insurance carrier you had at the time of the accident, they are obligated to provide legal representation up to your policy limits.
 

B. Hardison

Junior Member
Thank you for your reply. We are going in the morning. I just didn't want to go in
and not understand the language or why it has taken 7 yrs.
 

BelizeBreeze

Senior Member
The statute of limitations for personal injury in Kentucky is 1 year
The statute of limitations for property injury in Kentucky is 2 years.

The statute of limitations starts running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered. In this case, when the accident occurred. It matters not when the insurance pays.

Tell your attorney the facts and have him/her file for dismissal due to the statute of limitations running out.
 

B. Hardison

Junior Member
The lady that is suing is accusing her attorney of being negligent. It is hard to make heads or tails of this summons. Apparently her attorney has an attorney representing him stating that because these people received a check on 2/25/06 it has been an ongoing claim that is still in force. The claim says"An action for tort liability no abolished by KRS 304.39-060 may be commenced not later than two (2) years after the injury, or the death, of the last basic or added reparation payment made by any reparation obligor, whichever later occurs." Then goes on to say the claimants have until 2/25/08 to make their claims against the girl that hit the truck and my daughter.

I appreciate all your help. Thanks
 

BelizeBreeze

Senior Member
B. Hardison said:
The lady that is suing is accusing her attorney of being negligent.
That's her problem. Your daughter is not a party to that suit.
It is hard to make heads or tails of this summons. Apparently her attorney has an attorney representing him stating that because these people received a check on 2/25/06 it has been an ongoing claim that is still in force.
He is full of crap.
The claim says"An action for tort liability no abolished by KRS 304.39-060 may be commenced not later than two (2) years after the injury, or the death, of the last basic or added reparation payment made by any reparation obligor, whichever later occurs." Then goes on to say the claimants have until 2/25/08 to make their claims against the girl that hit the truck and my daughter.
As I said, take it to an attorney. I have the exact quoted statute in front of me and there is absolutely no mention in the statute of the statute of limitations.
I appreciate all your help. Thanks[/QUOTE]
 

B. Hardison

Junior Member
I have talked to the court today and was told our daughter must respond in writing to the court and the lawyers within 20 days. Is she responsible to respond or can we respond on her behalf since she was only 16 at the time of the accident?

Also, what kind of response are they wanting other than we are turning it over to our insurance company?

By the way, I want to thank everyone for their responses.
 

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