Re: Car Accident-Statute of Limitations for Filing

They have three years from the date of the accident to file a lawsuit for property damage. You need to file an answer within 30 days of being served. This needs to be an answer in proper legal form, and it needs to be served on the plaintiff, the insurance company, prior to being filed with the court. Even though your husband was the person driving, you still need to file an answer to protect yourself. After the lawsuit is filed, a course of action can be determined in order to get you dismissed from the action. If you do not file an answer within 30 days, the insurance company will get what is called a Default Judgment. This means they automatically win, and they will start collecting their money from your assets. I would recommend that you file In Pro Persona, which means you act as your own attorney, but you should have an attorney prepare and serve the answer for you. This will save you a ton in attorney's fees but you still have an attorney working behind the scenes who is on your side. I have helped many people in situations like this. The only one that actually went to trial won. It was the exact same situation as yours. She lived in LA, she had me do all of the paperwork, and she did all of the court appearances. When it went to trial, the judge hammered the insurance company and helped her win. If you would like additional information let me know, the consultation is free. You can reach me toll free at 877-546-9918, or by email at Johnhayeslaw@cs.com. If I don't hear from you, I hope that you took my advice and at least found an attorney to help you file and serve the answer.

Good luck,

John Hayes, Esq.

Re: Car Accident-Statute of Limitations for Filing

In the case you presented the Statute of Limitations for a property damage claim is 3 years from the date of the accident.