The lawyer that your insurance company provides will advise you on all of your questions. The dispositive date for calculating the statute of limitations (3 years in your case) is the filing date on the complaint. If you have a defense based on the expiration of the statute of limitations, you insurance lawyer will raise it in his answer to the complaint. The jury trial request is standard language in an auto accident complaint.
In this situation your insurance will usually hire an attorney for you and they will know what the statue of lmitations is on the claim. If the damages being claimed are greater than the amount of insurance you purchased however you may wish to consult an attorney to discuss your options.
Turn the claim to your insurance company. They assign a lawyer to you who defend the case. Do not worry about hiring a lawyer until the insurance company lawyer tells you thatthere is a risk that your policy may not be sufficient to cover the plaintiff's demand. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
Many people hire a lawyer with no prior experience as to how the legal system works. It is highly complex, and the timeline from start to finish can be long and emotionally challenging.
An insurance policy normally requires an insured to provide his or her insurer with prompt notice of any claim or lawsuit. Once the insurer receives notice, it triggers the insurer's duty to investigate and/or defend its insured.
Sometimes, an insurer does not receive notice of suit pending against its insured until after a default judgment has been entered. If the failure to receive notice is a result of the insured's breach of the notice provision, the insured's breach may relieve the insurer of its obligation to defend.A small number of jurisdictions continue to support the traditional view that the insured's inexcusable or unreasonable delay in giving notice of suit or the insured's failure to forward suit papers relieves an insurer of its obligation to defend. So, get the papers to the insurance company. It's their job to take care of it.
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