QUESTION
Could they have filed a lawsuit without serving us in the event?
Asked on Sep 25th, 2013 on Automobile Accidents - California
More details to this question:
My daughter was involved in an accident two years ago tomorrow we have been trying to settle with the insurance company the entire case is ridiculous. We received a solicitation stating that a case of been filed about a week ago that we were never served. The insurance company obviously is closed right now and needless to say we are a little upset. Any information you could give us would be appreciated. Thank you.
13 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you have a valid case (who says so) why are you trying to settle without a lawyer. why is the other side suing you go to the courthouse, get a copy of the lawsuit turn it over to your insurance co and hire a lawyer.
Answered on Sep 27th, 2013 at 3:36 AM
Ronald A. Steinberg
They have to physically serve the papers on you. It sometimes takes a while for the process server to get there. Have no fear, he will come. Just turn the paperwork over to your insurance company as soon as you get them so they can assign a lawyer to defend you.
Answered on Sep 26th, 2013 at 9:43 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Before you have to be concerned, you need to be served with a summons & complaint. Just because a lawsuit has been filed does not mean that you have to be aware of the lawsuit. You have 120 days within which they have to serve you with the summons & complaint.
Answered on Sep 26th, 2013 at 9:42 PM
In California, the legally have 30 days in which to serve you but as a practical matter can take much longer to do so. They may have very well filed suit to protect against the statute of limitations for personal body injuries (property damage has a four year statute). Continue seeing if you can settle the suit, once you are served you will have thirty days (35 if my mail]) to answer, which an be a general denial. If you have insurance notify your company, I assume you were not insured. You should have enough time to find a lawyer to represent you or tell you what to do if you want to represent yourself.
Answered on Sep 26th, 2013 at 8:43 PM
Car Accidents Attorney serving Mandeville, LA
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Olivier Law Firm, LLC
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The insurance company is bound to represent you, generally, regardless of their having made the case inactive. Contact them for representation.
Answered on Sep 26th, 2013 at 2:04 PM
I assume that your daughter was at fault according to the police and the other party. If so, they were required to file the lawsuit before the 2 year deadline passed even though you were in settlement negotiations. They have 120 days to serve the complaint and summons, which explains the delay in service. If you don?t settle, they will serve you. Your insurance company should settle the case within your policy limits or appoint a lawyer to defend you.
Answered on Sep 26th, 2013 at 1:19 PM
You can check the Wisconsin Circuit Court Access program website to see if a case has been filed by searching the names of the parties involved.
Answered on Sep 26th, 2013 at 10:58 AM
Thomas Edward Gates
Turn the communication over to your insurance company. They must represent you.
Answered on Sep 26th, 2013 at 10:56 AM
James Eugene Hasser
If suit was filed before the statute of limitations runs and you are served after it runs, they will have filed in time. If you get suit papers, turn them over to your insurance company. They will assign you a lawyer at their expense and pay any settlement or judgment up to the limits of your policy.
Answered on Sep 26th, 2013 at 10:54 AM
1 Award
In Wisconsin, a lawsuit is first filed and then the defendants are served with the summons and complaint. The plaintiffs have 90 days within which to serve the defendants. Thus, a lawsuit could have been filed against your daughter last week without your daughter having been served with the summons and complaint.
Answered on Sep 26th, 2013 at 10:34 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If a suit is filed, it must be served on the defendant for it to be "at issue". Service can be by personally handing the Summons and Complaint to the defendant or by certain types of mailing (usually not 1st class, but by certified). The particular rules of what service is required are usually contained in the Court Rules of the particular state (in Michigan see MCR 2.105).
Answered on Sep 26th, 2013 at 10:33 AM
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Depending on the county where you live or where the accident took place, you can look on line at the Indiana Supreme Court Website. Look for the Odyssey link.
Answered on Sep 26th, 2013 at 10:30 AM
Monica Cecilia Castillo-Barraza
Check out your case online in the county in which it is filed. You should be able to find out who the lawyers are and any deadlines, etc.
Answered on Sep 26th, 2013 at 10:29 AM