Legal Question in Personal Injury in California
Suit filed after statute of Limitations has run out
I was involved in an auto accident that occured in Oct. of 1996. I was not the owner of the vehicle (though the owner was the passenger in the vehicle with me). I did not have auto insurance, we filed all the required accident/property damage reports, and nothing had ever transpired of this matter. This week, the owner of the car I was driving recieved a a summons/citation w/both our names for a civil suit in judicial court (via regular mail) for: GN-1, Uninsured motorist benefits, personal injury, and subrogation. I was never served & only through a phone call from him was made aware of it. Hasn't the statute of limitations already run out? Don't I have to be personally served? And alot of the information on the claim is incorrect. For example, on his Proof Of Service-Summons, none of the boxes to indicate how service was made to him are marked (the entire form is blank) and on his copy of the Cause of Action-Motor Vehicle where it lists the def names, it has my name as being the "def who was an agent and employee of the other def and acted within the scope of the agency". I was never employed by th eother def nor did the he ever state that information.
2 Answers from Attorneys
Re: Suit filed after statute of Limitations has run out
No, the statute has not run on this suit. If you had car insurance at the time of the accident send a copy of the lawsuit to your insurance company right now. they will hire a lawyer to defend you. If you were not insured you may have to hire a lawyer yourself. If so, I defend these types of suits at a pretty low cost and would be glad to help you if I can.
Re: Suit filed after statute of Limitations has run out
Actually, the statue of limitations has run out on the right to reimbursement for personal injury. The statue of limitations on personal injury is one year from the date of the accident. However, the statue of limitations for property damage is three years. If that is included in the suit then you need to file an answer to the complaint. The proof of service on the Summons is always blank when it is served.
Additionally, you were not properly served and this needs to be brought to the attention of the court in your answer or demurrer. If you need any help filing these papers please feel free to contact my office at 888-563-8529. I look forward to speaking with you.
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