RP from 06: Any lawyers around??

My mom had a car accident in January 2004. Vehicle damages were repaired and the insurance companies settled. She hasn't heard anything about it. Yesterday she came home & found a summons scotch taped to her door, indicating that now the other driver is suing her for personal injury and economic loss.

My question is: Isn't it too late fo him to file this? I thought that there was some type on time frame that this had to be filed within?

TIA

I am not lawyer, but when I was going to sue over my snowboarding accident, I had 3 years from the date of the accident to file.
I thought a summons had to be hand delivered?
HTH

you have 2 years for persinal injury usually


but the agreement with the isurance companies may bar it if he signed some kind of waiver

your mom should cotact her insurance company - they should still cover it

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Posted by snowprincess805

you have 2 years for persinal injury usually


but the agreement with the isurance companies may bar it if he signed some kind of waiver

your mom should cotact her insurance company - they should still cover it

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Yes she did contact her insurance company. Her broker said to send it to him & they would handle it. SHe is just nervous cause she thought it was over & done with. Now she is worried that she needs to get a lawyer.

I thought a summons had to be hand delivered?
HTH

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I also thought this, but I am not sure. I tild her to say that she never got it, but she doesn't think that is the right way to handle it.

She doesn't need a personal lawyer the insurance companies deal with this all the time. Tell her to just cooperate with her insurance company's lawyer. Everything will be fine.

Thanks everyone!

yeah the summons has to be personally served.
She should contact the insurance co. immediately.

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Posted by LisaJill


She should contact the insurance co. immediately.

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Absolutely, and both on the telephone AND in writing.

A Summons and Complaint does NOT have to be personally served...please read below section 4b...Substitute Delivery...

Serving the Summons

After obtaining the summons and complaint from the clerk, the litigant must then have the summons and complaint served on the other side.

1. After the COPY of the summons has been served, the person who served it shall fill out an Affidavit of Service. You may download the form now by clicking on Affidavit of Service, or you may obtain a form from the Court Clerk.

2. Anyone over the age of 18 years, and NOT A PARTY to the action may serve the summons.

3. If you wish, you may hire a Process Server to serve the summons and complaint. See the yellow pages of the phone book to locate one.

4. A COPY of the summons shall be served on the defendant Personally or by Substituted delivery. If neither of those methods can be achieved after diligent effort, the summons may be served by Conspicuous Place delivery:

a. Personal delivery: A copy of the summons and complaint may be served by giving it to the defendant in his or her hand.

b. Substituted delivery: A copy of the summons and complaint may be left with a person other than the defendant “of suitable age and discretion” at the defendant’s residence or place of business. A copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential” within 20 days of the service on the substituted person. The envelope may not indicate that it is from an attorney or that it concerns an action against the defendant.

c. Conspicuous Place delivery: If no one can be found to receive the summons and complaint by personal or substituted delivery after a diligent effort to serve the papers (at least three attempts), you may serve the summons by conspicuous place delivery. This is also known as “nail and mail.” This delivery requires that a copy of the summons and complaint be affixed to the door of the actual residence or place of business of the defendant, normally with adhesive tape. A copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential” within 20 days of the affixing of the summons and complaint. The envelope may not indicate that it is from an attorney or that it concerns an action against the defendant.

5. If the defendant is a corporation, the COPY of the summons must be served on an Officer or Managing Agent of that corporation. The person making the service shall find out the name of the person served, and the office he or she holds in the corporation.

6. Service on the defendant may be made on any day EXCEPT SUNDAY.

7. After the summons is served, the person who served the papers must fill out an affidavit of service (see below).

With car accident cases, you have 3 years. In addition to that, to be 'personally served' you can tape the summons to the door and she will be getting it in the mail as well. The process server probably has been trying to serve her and hasn't been able to. She still may be served again.

She should foward to her insurance company immediatly. They have 30 days to answer.

Beans,
I am a personal injury lawyer. Unfortunately, the person that is suing your mother is within the time frame. The statute of limitations for a civil action, especially a car accident is 3 years from the date of loss in NY.

Your mother should not worry. Her insurance company will cover everything. They will provide her with an attorney and cover all the fees. This is why she has insurance. She should just cooperate with the attorney and attend any scheduled appointments made for her. She may be asked to attend a deposition in the future.

Also, any issues with her service will be handled by the attorney. If the attorney does not think that service was effectuated properly, then he will put that down as a defense against the plaintiff. This is all legal jargon that the attorney will take care of.

If you have any other questions, feel free to contact me. You can FM me.