How could you have filed a claim against her? As driver 2, She was not at fault, she was pushed into you by driver 1. Your claim would be against driver 1?

I was once in the same spot you were and driver 3 bought everyone a new bumper.

 

My understanding is that driver 2 is at fault in her collision with me due to her failure to maintain a safe distance. I could be wrong about that, but I've heard that to be the explanation of how the insurance coverage for repairs would play out in that circumstance on more than one occasion - and from reliable sources.

The attorneys in the crowd can hopefully clarify if this would work.

 

My first thought is do nothing, don't respond to any calls from the attorney and delay filing a reply as long as possible. Then file your reply. The attorney probably waited till the end of his filing deadline to file the complaint. You file your reply after the statute of limitations has passed for him to file his complaint. Obviously, the case against you will be dismissed. However, perhaps by delaying your response you screw the attorney because now he cannot file against the other person. The question for the attorneys is:

 

1. Is one year the statute of limitations?

2. If this action is dismissed, would the attorney be blocked from refiling against the proper person, or would the attorney be allowed to amend the complaint and bring in the proper defendant?

 

Statute of limitations is two years. And the point at which the clock starts running depends on whether her insurer made any BRB or PIP payments.

My understanding is that driver 2 is at fault in her collision with me due to her failure to maintain a safe distance. I could be wrong about that, but I've heard that to be the explanation of how the insurance coverage for repairs would play out in that circumstance on more than one occasion - and from reliable sources.

 

When it happened to me (many years ago). They told me car 2 was stopped so he was at a safe distance.

The attorneys in the crowd can hopefully clarify if this would work.

 

My first thought is do nothing, don't respond to any calls from the attorney and delay filing a reply as long as possible. Then file your reply. The attorney probably waited till the end of his filing deadline to file the complaint. You file your reply after the statute of limitations has passed for him to file his complaint. Obviously, the case against you will be dismissed. However, perhaps by delaying your response you screw the attorney because now he cannot file against the other person. The question for the attorneys is:

 

1. Is one year the statute of limitations?

2. If this action is dismissed, would the attorney be blocked from refiling against the proper person, or would the attorney be allowed to amend the complaint and bring in the proper defendant?

 

I have to file a written response with the court within 20 days of being served, per the civil summons attached to the plaintiff's complaint. Otherwise I stand the risk of having a default judgment against me for $15,000.

 

Assuming from the fact that the suit was filed precisely one year (down to the day) after the accident occurred, there is some kind of statute of limitations circumstance at play in the situation.

When it happened to me (many years ago). They told me car 2 was stopped so he was at a safe distance.

 

I think there has to be proof of some sort that car 2 was stopped at a reasonably safe distance in order for them to be removed from fault in their collision with car 3. That, or they could potentially prove that car 1, which started the chain collision, was traveling at such an excessive speed that car 2's reasonable safe distance from car 3 was not sufficient enough to prevent the collision between cars 2 and 3.

 

That would require witnesses, and/or evidence in the form of accident reconstruction, documented skid marks, etc. There were no witnesses to the accident other than myself and the other two drivers in the accident, and there was no documentation of the accident beyond the narrative described by the police officer in the report.

As a former auto claims handler, you need to call your auto insurance company that insured you then ASAP!!! They will cover you and defend you if you give them some notice. It's in your policy that they are to protect you.

Statute of limitations is two years. And the point at which the clock starts running depends on whether her insurer made any BRB or PIP payments.

 

I have to file a written response with the court within 20 days of being served, per the civil summons attached to the plaintiff's complaint. Otherwise I stand the risk of having a default judgment against me for $15,000.

 

Assuming from the fact that the suit was filed precisely one year (down to the day) after the accident occurred, there is some kind of statute of limitations circumstance at play in the situation.

 

Per Getslow's post above, 2 years is the statute so as to my idea ... never mind.

As a former auto claims handler, you need to call your auto insurance company that insured you then ASAP!!! They will cover you and defend you if you give them some notice. It's in your policy that they are to protect you.

 

I called them yesterday. They told me that since there was no claim made against my insurance (as would only make sense - unless you're the idiot attorney filing against me), they have no interest or need for involvement in the suit, so I should go ahead handling things as I see fit.

 

So I should call them back and try to put it back in their lap?

I called them yesterday. They told me that since there was no claim made against my insurance (as would only make sense - unless you're the idiot attorney filing against me), they have no interest or need for involvement in the suit, so I should go ahead handling things as I see fit.

 

So I should call them back and try to put it back in their lap?

 

In my opinion no, if you call them for help you are making a claim and the more claims you make the more your insurance goes up.

I think there has to be proof of some sort that car 2 was stopped at a reasonably safe distance in order for them to be removed from fault in their collision with car 3. That, or they could potentially prove that car 1, which started the chain collision, was traveling at such an excessive speed that car 2's reasonable safe distance from car 3 was not sufficient enough to prevent the collision between cars 2 and 3.

 

That would require witnesses, and/or evidence in the form of accident reconstruction, documented skid marks, etc. There were no witnesses to the accident other than myself and the other two drivers in the accident, and there was no documentation of the accident beyond the narrative described by the police officer in the report.

 

I agree with most of this.

 

I don't see how Unit 2 can be "at fault" in this case.

 

Remember, KY is a comparative negligent state when it comes to fault in auto accidents meaning each party involved in an accident would be assigned a percentage of negligence. In this case I am thinking 100/0/0 or something like 98/2/0 if Unit 2 was stopped a couple of inches from your vehicle.

If the insurance company isn't going to pony up an attorney, and you've got plenty of contacts...then, I say use them. It may seem like you can handle everything, but you know what they say about "he who represents himself in court"... They (your attorney) should know all the in's and out's of what needs to be done, and when. And should show the judge that you're serious about defending yourself (not that you need to do a whole lot, I would think).

 

And on a related note, a question for our attorneys here on BGP...if CWB does retain an attorney, can he counter-sue to recoup his legal fees? Even if it gets dismissed when the other side realizes the mistake they've made?

counter sue CWB, counter sue.

I called them yesterday. They told me that since there was no claim made against my insurance (as would only make sense - unless you're the idiot attorney filing against me), they have no interest or need for involvement in the suit, so I should go ahead handling things as I see fit.

 

So I should call them back and try to put it back in their lap?

 

Who's your carrier? Regardless of fault, you pay your insurance to protect you. Me personally, I would have them open a claim. Based on my experience claims don't always make your rate go up unless you are at fault and/or a certain amount is paid out. Even then it's a set % typically around %15 increase. I'd want to speak with an actual claim handler and not some agent or $9 an hr operator who simply takes claim calls. If your company won't help you, I'd go to the DOI. Feel free to PM me if you questions.

Who's your carrier? Regardless of fault, you pay your insurance to protect you. Me personally, I would have them open a claim. Based on my experience claims don't always make your rate go up unless you are at fault and/or a certain amount is paid out. Even then it's a set % typically around %15 increase. I'd want to speak with an actual claim handler and not some agent or $9 an hr operator who simply takes claim calls. If your company won't help you, I'd go to the DOI. Feel free to PM me if you questions.

 

My carrier is Progressive. I guess I'll make one more call to them tomorrow before I pursue things otherwise, but at this point, I'm feeling like with one of my attorney friends handling things for me (for free), and the relative open-and-shut appearance of things, I may go on without the insurance carrier and not run any risk of increase in premium.

I agree with most of this.

 

I don't see how Unit 2 can be "at fault" in this case.

 

Remember, KY is a comparative negligent state when it comes to fault in auto accidents meaning each party involved in an accident would be assigned a percentage of negligence. In this case I am thinking 100/0/0 or something like 98/2/0 if Unit 2 was stopped a couple of inches from your vehicle.

 

Hmm...I didn't know that. Just learned something new.