QUESTION

Defendant demands strict proof of legal existence of a party; the capacity of a party to sue; the averment of the execution of a written instrument

Asked on Dec 28th, 2014 on Automobile Accidents - Maryland
More details to this question:
The above statements are in the notice of intent to defend letter we got from the defendant's lawyer (insurance co.) in response to our small claims case in the District Court of Maryland for damage to our vehicle. What does it mean? The letter also states: "The Plaintiff's claims are barred by the applicable Statute of Limitations." The date of the accident was in October 2014. The case was filed in November 2014. The defendant "rear ended" our car on a busy street (wet pavement). Defendant now claims we backed into her vehicle. Her insurance refuses to pay for damage to our vehicle (thankfully we had no injuries). There were no witnesses except for 9 year old daughter in our car. What proof do we need?
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1 ANSWER

Insurance & Worker's Compensation Attorney serving Towson, MD at Saltzberg & Schloss
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Those are standard defenses filed by defense attorneys that may or may not apply to your particular claim.  Just be prepared to call witnesses (anyone in your car) to prove your claim.  You are not required to have a lawyer represent you but keep in mind that the other side does have a lawyer defending the other driver.  Good luck with this matter.
Answered on Dec 29th, 2014 at 6:37 AM

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