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-   -   Question about filing a motion (https://www.askmehelpdesk.com/showthread.php?t=452682)

  • Feb 28, 2010, 02:06 PM
    redinterpid
    Question about filing a motion
    This insurance company is trying to sue me for an accident my mother had in my vechile in 2005. My mother didn't have permission to even drive my vechile at the time of the accident. And I really don't know what to do.
  • Feb 28, 2010, 02:13 PM
    Alty

    I'm not a law expert but I do think that your only recourse is to pay the damages and then sue your mother for the damages for taking your vehicle without your permission.

    This would be small claims.

    Check back often to see what our legal experts say. Like I said, that's not my area of expertise.

    Good luck.
  • Feb 28, 2010, 02:50 PM
    Fr_Chuck

    That of course was part of the issue, if she did not have permission to use your car, why did she not get used, and you have the option of suing her
  • Mar 1, 2010, 09:25 AM
    Alty

    Quote:

    AK lawyer disagrees : Why? Was OP negligent? Appears not.
    Is it not the OP's insurance company that insures his vehicle? Is the mother listed as a driver under the policy? If not, how is the insurance company going to sue her instead of the OP?

    No, the OP wasn't negligent, but the vehicle that was in the collision was insured to him, not to his mother.

    I am more then willing to admit that my answer is wrong, if it is, but please explain why you think it's wrong, and what the OP should do if my suggestion isn't feasible.
  • Mar 2, 2010, 10:02 AM
    excon
    Quote:

    Originally Posted by redinterpid View Post
    and i really dont know what to do.

    Hello red:

    You need answer the suit and at the same time file a motion for dismissal due the statute of limitation having been tolled.

    excon

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