Counselor’s Corner
Jerome McSherry
Time Limits On Filing Lawsuits
Dear Counselor:
Approximately three years ago I was in an automobile accident with another vehicle. Both cars were damaged but no one was injured. I had my own insurance company repair my car and I heard nothing from the other driver since the day of the occurrence.
Last week I was served with a summons and lawsuits by the sheriff regarding the accident. According to the summons I am to appear in court in twenty-eight days. I thought any lawsuit regarding an accident would have to be filed within two years. Will my insurance company appear for me on the court date?
Answer:
Yes. You must send a copy of the summons and the complaint to your insurance company and to your insurance agent immediately. It would be best to do this by certified mail.
If, as you stated, the insurance company paid for the damage to your vehicle, your same insurance policy probably covers you for damages to the other vehicle under the liability portion. Your insurance company would therefore be obligated to provide an attorney to defend you in this lawsuit and pay for any judgment that might be entered against you. You are obligated to cooperate with your appointed defense counsel.
Generally, a lawsuit for bodily injury must be filed within two years of the occurrence. Although you stated that no one was injured in your accident, you should be aware that the other party may be claiming injuries and/or property damage in the lawsuit. People are often served with summonses in lawsuits long after they are filed, so it is best to leave the analysis of whether the case is valid to your defense attorneys. If the lawsuit is for property damage, a five-year statute of limitations normally applies.
Continue to forward any papers you receive regarding this lawsuit to your insurance company and the attorneys they provide for your defense.
Dear Counselor:
I own a small clothing store located in a strip mall in Schaumburg. During the busy holiday shopping period I sometimes have a problem with customers switching price tags to a lower purchase price. The manager of the store next to mine says there is nothing which can be done since the customer has not actually left the store without attempting to pay for the merchandise. Is he correct?
Answer:
No. Under the Illinois Criminal code there is a specific section which pertains to retail theft. A person commits a criminal offense, even if he is attempting to pay for merchandise after intentionally altering or switching a price tag in order to pay less than the full amount.
If you believe you can prove a customer is attempting to pay for your merchandise after intentionally altering the price tag you should contact the police.