Posted 22 June 2012 - 06:01 AM
Pretty sure I posted on the other/original thread about this, but don't know where reply went:\r\n
It's unclear whether you're just looking at status online or what, or where the case is at since you say it's "active." You have a finite length of time under the law I presume to file a motion to dismiss based on the statute of limitations having run. If this case is over a year old, presumably it's in some kind of stasis or at least in discovery mode. You may well have waited too long to file a motion to dismiss on that basis, but this is something you'd need to discuss with counsel. As PG pointed out in other thread, unclear why your insurance company wouldn't have been notified about this and be handling case (unless you waited too long to report incident to them and they said "we're out of this").
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.