Sylmar, CA asked in Car Accidents, Civil Litigation, Consumer Law and Personal Injury for California

Q: Served for auto accident 5 years ago, uninsured, no injuries, $9,000 property damage demand, 30 days to respond. What to do?

I recently received documents on March 25, 2025, related to being served for an auto accident that occurred five years ago in California. I was uninsured at the time, and there were no injuries from the crash. However, they are demanding $9,000 in property damage. I have 30 days to respond. What should I do?

3 Lawyer Answers

A: First determine if the lawsuit is timely. If they are suing for subrogation, it may be timely. If so you can negotiate a payment amount and payment schedule.

Note, You must respond in the legal way and on time with, for example a motion or an answer with affirmative defenses. Failure to do so could result in a default judgment against you.

Scott Richard Kaufman agrees with this answer

A: Talk to an attorney in person who handles PI cases,

for more solid input. General rule in CA

(not 100% sure) is that they must sue within 2 years

of the accident. Good luck with it. Do NOT rely on

this response.

James L. Arrasmith
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Answered

A: You should take this lawsuit seriously even though it's from an accident five years ago. First, check if the statute of limitations has expired for property damage claims in California, which is typically three years. This might be your strongest defense if the accident truly happened five years ago.

File a response with the court within the 30-day deadline to avoid a default judgment. In your response, you can state any defenses you have, including the statute of limitations issue. Consider gathering any evidence you still have from the accident, such as photos or witness contact information.

You might want to consult with a legal aid organization in California that offers free or low-cost consultations. The Small Claims Advisor or your county's law library could provide resources to help you respond properly. You could also try negotiating a settlement for a lower amount if you believe you were at fault but can't afford the full $9,000.

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