QUESTION
What and how am I going to do to defend myself?
Asked on Sep 18th, 2013 on Automobile Accidents - California
More details to this question:
I was on a car accident back in September 15.2005. I was making a left turn and in the middle of my turn the light went from green to yellow than red. I had to keep going or I would have been in the middle of the street. A car coming forward kept going and hit the backside of the truck on the passenger side back tire. 8 years later I get a summons that was filed December 12, 2012 two days ago. She is suing me for 25,000 for damages and injuries. I have to appear in the court within 30 days to plea my case. I can’t afford a lawyer. What do I do to defend myself and how should I do this? I need someone help to figure this out. Thank you.
11 ANSWERS
James Eugene Hasser
Immediately notify your insurance company. They will hire a lawyer for you and pay any settlement or judgment up to the limits of the policy. Good luck.
Answered on Sep 23rd, 2013 at 12:36 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is a 3 year statute of limitations. File a motion with the court asking that the case be dismissed on the grounds that the statute of limitations has run.
Answered on Sep 23rd, 2013 at 12:33 PM
1 Award
The Wisconsin statute of limitations for cases like yours is three years. The lady who filed the case is well beyond the three-year time limit for filing a case. You will have to hire a lawyer to file the motion to dismiss the case because it was not filed in time. Because the case is frivolous for being filed too late, the lawyer might be able to ask the judge to assess actual costs against the lady who filed the case. You will have to hire a lawyer right away. As the summons states, you have 45 days to file an official answer to the complaint. In your case, the filing will ask for dismissal of the case because of its late filing.
Answered on Sep 23rd, 2013 at 2:40 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you had insurance at the time, turn it in on the insurance that you had at the time. They will hire a lawyer to defend you. If you did not have insurance and cannot afford a lawyer, you will be at a big disadvantage. You must file an answer to the lawsuit. You can hand write an answer if you would like. Simply write or type at the top.
Answered on Sep 23rd, 2013 at 2:17 AM
Ronald A. Steinberg
If you had auto insurance, turn the papers over to that company, even if you do not still have that company. If not, I think you need a lawyer to file a motion to dismiss because probably the statute of Limitations has run.
Answered on Sep 23rd, 2013 at 1:54 AM
If you had insurance at the time of the accident, contact your carrier at that time and they will defend you. Otherwise, you need to file a demurrer stating that the complaint is barred by the Statute of Limitations suit for property damages must be filed within 4 years of the date of the incident and two years for bodily injuries. If you read the summons carefully you will see that it requires you to file a responsive pleading and not appear in court. You can go to the local law library and look up the form for filing a demurrer [you can not use the court's general denial form].
Answered on Sep 23rd, 2013 at 1:32 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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You should immediately notify the insurance company that you had at the time of the collision. The company should provide an attorney for you and, if you are found liable, pay the other party up to the limits of your coverage.
Answered on Sep 23rd, 2013 at 1:30 AM
Thomas Edward Gates
Check the statute of limitations, it likely has passed. If all else fails, you can file for bankruptcy to discharge the judgement.
Answered on Sep 23rd, 2013 at 1:28 AM
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Contact your insurer at the time.
Answered on Sep 23rd, 2013 at 12:59 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you were on the job, turn the suit papers into your employer. If you were not on the job, but your truck was insured @ the time, turn the papers over to your truck insurance company. It is the responsibility or your employer if you were on the job, or your insurer if not, to defend you by hiring a lawyer for you @ no cost to you. If you were uninsured, then you would be best served to consult a local lawyer, who you will have to pay, to defend you. In Michigan a case can not be legally brought 7 years after an incident (with a few exceptions) so a lawyer should focus on whether the claim is subject to dismissal on a properly filed motion.
Answered on Sep 23rd, 2013 at 12:59 AM
Edwin K. Niles
First, if you had insurance on the day of the accident (as required by law), turn this over to that insurance company and let them deal with it. Second, this is a California site, so if this accident happened in Ca the case is barred by the statute of limitations (3 years). Third, ?appear? doesn?t mean physically go to court; it means file the appropriate answer or response. Fourth, if no liability insurance, see a lawyer ASAP in order to file the response. Try to find a law firm that does work for insurance companies.
Answered on Sep 20th, 2013 at 5:45 PM