Re: Personal injury

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On 5/04/06, Jenell wrote:
> I was in a car accident around april 9th of 2004. Another
> car ran into my car. The policy report stated that it was
> the other drivers fault. My friend was in the car with me
> she claims she injured her back at the time but she really
> did not. Today I got a summons that was filed on the 10th
> of april saying that she was taking me, my father(it was
> his car) , the driver of the car that hit me and his
> passenger plus both of our insurance company. I dont have
> a car or insurance right now so I dont know if that will
> effect me. The girl that we are talking about moved to
> s.c. a year ago but she still comes to visit me. She was
> in my house last mouth and I gave her a bag of cloths. I
> want to know would it be wise to call or write her to lwt
> her know whats going on. I know she has to know shes
> suing me but I just really dont want to believe it. I was
> planning on going to her aunt house to pick up some of my
> things but since I got this letter i dont know if that
> will be wise. Would i be wrong to let her aunt know whats
> going on. Also I thought that it was a little late for a
> personal injury lawsuit. How much time does she have to
> file for that in the state of nj.

The statute of limitations on personal injury cases is
generally two years from the time of the incident in which
the injury occurred. If your pal sued beyond the two year
date from the date of your crash, then she's probably too
late. However, her insurer is likely handling her case, and
it would likely have been aware of the statute and its
limitations. Be aware that some states (the majority?) have
what are known as "guest statutes" which preclude a
passenger in another's auto (a guest, like your pal) from
suing the driver or car owner in the case of run of the mill
negligence by the driver which causes the guest injury in a
crash. Check your states codes on that issue via interrnet
search of guest statutes for your state. Finally, don't
worry, the cops said the accident was not your fault. Just
go to the first appearance pro per (no lawyer) and ask the
judge to dismiss you from the suit. Maybe you can sue your
pal for malicious prosecution. ; ) Good luck.