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HELPPPP!!!

okay, ill try to keep this short and detailed!

Accident occurred 2 years ago. Insurance adjuster insists I am the 100% responsible party. I disagree. I had several conversations with the insurance adjuster and got her to "reduce the total cost by 15% for possible lack of attention and possible speed being a factor for the other driver". After I got her to admit that much, I knew I had to stick to my guns and not agree to take 100% responsibility. Fast forward to not being able to afford a lawyer (I have 3 small kids, 2 working parents, cost of living is through the roof in NH there was very little wiggle room in our budget) and not being able to find anyone willing to accept pro-bono once hearing the details, I was left to fend for myself. Now here we are 2 years later and I have finally received notice that the lawyer representing the original insurance company has filed in small claims court

HERE IS THE KICKER!

the paperwork I received states I owe $92,226.75 + filing fees of $145.00 bringing the total to $92,371.75?!?!?!?

WHAT IN THE %^#%#$

the original amount back in 2016 was a little over $10,000

After speaking with a representative at the law firm, she confirmed it was in fact a typo. The actual amount should say $9,226.75

 

HERE IS THE QUESTION!

 

Can I get this whole thing dropped because of this typo???? Small claims court is only supposed to accept charges up to $10,000......

what can I do?!?!?!

 

any help appreciated! TIA

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File a motion to dismiss with  "court lacks subject matter jurisdiction" as the grounds. 

Why isn't your insurance company dealing with this for you? That's *the* reason you pay for insurance. 

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And would the subject matter jurisdiction be referring to the amount is well over the 10k  small claims limit therefore irrelevant?

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Exactly. There are two types of jurisdictional affirmative defenses - subject matter (type of lawsuit, amount of damages being sought,  etc) and personal (sued in wrong court for where you live).

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And just FYI, they almost certainly have ~20 days to amend their complaint as a matter of course. And if that's not an option, they'll let it get dismissed and then refile with the correct amount. 

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