Legal Question in Personal Injury in California

Timeframe of being served after an accident?

If I had been in an automobile accident on April 11, 1999, would the other damaged vehicles involved have to serve me with legal paperwork within exactly one year from the accident to sue me for damages? What is the timeframe involved? What if the insurance company is serving me 1.2 years after the accident? Please reply ASAP. Thank You!


Asked on 6/21/00, 9:31 pm

2 Answers from Attorneys

Jonathan Colman Jonthan H. Colman and Associates

Re: Timeframe of being served after an accident?

You may be confused between the time in which a person may FILE a complaint for personal injuries (one year) and the time, after filing, where one must SERVE the lawsuit on a defendant (which is 3 years...although many jurisdictions are so-called "fast track" which requires service more quickly.) If the insurance company, however, is suing you for property damage, the statute of limitations for filing is longer, three years from the incident. Regardless, if you are SERVED with papers, you have thirty (30) days to respond or the company can move to take your default for the entire amount sued upon. If you have your own insurance, your company will defend you (so long as you have notified them.) If not, you should seek competent local legal counseling to make certain your interests are protected.

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Answered on 8/31/00, 4:48 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Timeframe of being served after an accident?

a lawsuit must be FILED within 1 year of the accident or when an injury was detected. It must be served within 30 days after the filing of the complaint under the fast track rules, however, most of the time this rule is overlooked if the serving party has a good explanation. For a free consultation on this matter call me at 818-342-8020 x1 if you live in Southern California.

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Answered on 8/31/00, 5:08 pm


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