Legal Question in Insurance Law in Oregon

No Auto Insurance

This last week my friend was handed a subpeona stating that he was being sewed for $15,000 for damages that occured two years ago when he was in a wreck and did not have auto insurance. At the time of the wreck he believed that he had insurance but shortly after found out that his insurance had just been canceled (6 days earlier). He contacted the ladies insurance that he hit and asked what the damages were because he did not have insurance to cover it. At that time the insurance said that she had filed a claim, but that she had not followed up with them (she did not give them an estimate of the damages). He has not heard from this lady or her insurance for the past two years. He filled out a form with the DMV of Oregon right after the accident and they suspended his license for a year. It is now two years later and he is wondering if he has a leg to stand on since he was not given the opportunity to make right of the situation. We looked into it and it looks like the statute of limitations is 2 years and so he is trying to figure out what steps he should take from here. Any help is much appreciated. Thanks,


Asked on 4/10/06, 4:02 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: No Auto Insurance

The subpoena your friend received was probably not a subpoena, but a SUMMONS and COMPLAINT. Contained on the summons SHOULD be a notation stating that a RESPONSIVE PLEADING of SOME sort must be filed with the court within a specified period of time, from the time he was served. It's probably 30 days.

My advice, based on what you've posted, is that your friend SHOULD HIRE A LAWYER IMMEDIATELY, to represent him on this. That may not cost a huge amount if the matter can be negotiated and settled, but he really should NOT try to handle this on his own.

Are we even certain the accident was entirely his fault? Your friend may have SEVERAL "LEGS to stand on," but it depends what he wants to do. There are far too many variables for me to respond with any accuracy, since I haven't seen so much as a police report or a medical bill. Let the LAWYER look into what he does and doesn't have, in the way of defenses or claims. As to any claims HE might have AGAINST the other driver, that would USUALLY be governed by the two-year statute; probably even if raised in a counter-claim to this lawsuit, but on that point I'm not 100% certain.

I would also suggest that your friend make NO direct contact with the opposing side, other than to tell them who his lawyer is; and even THAT should be handled by the attorney he hires.

Good luck to your friend!

Sam

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Answered on 4/10/06, 10:52 pm


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