Skip to main content

My wife was in an automobile accident 3 years ago.Today we were served papers that we are being sued.Should we get our on lawyer

Columbia, SC |

Car was fully insured. Wife was at fault. Person is suing me also for negligence. Car was mechanically sound and wife was coming home from work. Wife was not speeding, not drinking, etc, just made a mistake. We have contacted our insurance company. Person suing us is asking for jury trial...? It has been over 3 years and we heard nothing until today. We were married at time both covered. I was not in car, I was home with our baby. Not sure how or why I am involved. Should I retain an attorney in addition to our insurance company lawyer? Is their limitations also on this as it was over 3 years ago? Thank you for any and all advice.

+ Read More

Attorney answers 5

Best Answer

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.

Good luck.


Your insurance company will provide a lawyer to defend.

Only 29% Contingency Fee! Phone: 215-510-6755


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.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer