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Statute Of Limitations Extension
Summary
Delays in receiving critical insurance information and clerical errors at the clerks office can justify extending the statute of limitations for filing a civil suit. In Virginia, equitable tolling may apply due to these circumstances. Consider consulting a local attorney for specific guidance on statute of limitations extensions.Full Conversation
Case (a vehicle accident involving UPS)
First Reason why deadline should be extended.
-Delay in receiving critical insurance information (plaintiff left the scene of the accident by ambulance without receiving any documents. After being released from the hospital, plaintiff calls the Virginia State highway patrol to obtain insurance information for UPS. VSHP instructed Plaintiff to submit a crash report request to the VA DMV because insurance information for UPS was listed as Unknown on crash report. Plaintiff mails request and an $* money order to the VA DMV for a crash report. Plaintiff receives crash report where insurance information is still listed as Unknown. See exhibit. Plaintiff had to wait until receiving a letter from the defendant's insurance company dated October *, *, apologizing for the delay in order to receive insurance information for defendant. See exhibit for the first correspondence with the defendants insurance.
To draft a response to the defense's motion to dismiss due to failure to file a civil suit within the statute of limitations, you could argue that the delay in receiving critical insurance information constitutes a valid reason for extending the deadline. Here is a brief response:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reason for Extension:**
- **Delay in Receiving Critical Insurance Information:**
- Plaintiff left the accident scene by ambulance without receiving any documents.
- Virginia State Highway Patrol instructed Plaintiff to request a crash report from VA DMV due to insurance information being listed as "Unknown."
- Plaintiff received the crash report with "Unknown" insurance information.
- Plaintiff waited for a letter from the defendant's insurance company, received on October *, *, which apologized for the delay and provided the necessary information.
This delay in obtaining essential insurance information impeded the timely filing of the civil suit, warranting an extension of the statute of limitations.
---
Would you like more detailed information on Virginia's laws regarding statute of limitations extensions in such cases?
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reason for Extension:**
- **Delay in Receiving Critical Insurance Information:**
- Plaintiff left the accident scene by ambulance without receiving any documents.
- Virginia State Highway Patrol instructed Plaintiff to request a crash report from VA DMV due to insurance information being listed as "Unknown."
- Plaintiff received the crash report with "Unknown" insurance information.
- Plaintiff waited for a letter from the defendant's insurance company, received on October *, *, which apologized for the delay and provided the necessary information.
This delay in obtaining essential insurance information impeded the timely filing of the civil suit, warranting an extension of the statute of limitations.
---
Would you like more detailed information on Virginia's laws regarding statute of limitations extensions in such cases?
Second reason: the clerk's office was in error. Clerk's office refused to file my complaint even though it was right and subjects were complete because they thought I was missing an order, but I was not missing an order and had all papers to be filed. Supported by affidavit from clerk's office.
Thank you for providing additional details. Here is a concise response to include the second reason in your motion:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reason for Extension:**
- **Clerk's Office Error:**
- Plaintiff's complaint was complete and correct.
- The clerk's office refused to file the complaint, mistakenly believing an order was missing.
- An affidavit from the clerk's office supports this error.
This clerical error further justifies extending the statute of limitations for filing the civil suit.
---
Would you like more detailed information on Virginia's laws regarding statute of limitations extensions in such cases?
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reason for Extension:**
- **Clerk's Office Error:**
- Plaintiff's complaint was complete and correct.
- The clerk's office refused to file the complaint, mistakenly believing an order was missing.
- An affidavit from the clerk's office supports this error.
This clerical error further justifies extending the statute of limitations for filing the civil suit.
---
Would you like more detailed information on Virginia's laws regarding statute of limitations extensions in such cases?
Better drafted response to motion to dismiss
Sure, I can help you with that. Here’s a more polished draft for your response to the motion to dismiss:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
- **Delay in Receiving Critical Insurance Information:**
- Plaintiff left the accident scene by ambulance without receiving documents.
- Virginia State Highway Patrol advised Plaintiff to request a crash report from VA DMV due to "Unknown" insurance information.
- Plaintiff received a crash report with "Unknown" insurance details.
- Defendant's insurance company provided the necessary information on October *, *, after an extended delay. (See exhibits)
- **Clerk's Office Error:**
- Plaintiff's complaint was complete and correct.
- The clerk's office mistakenly refused to file the complaint, believing an order was missing.
- An affidavit from the clerk's office supports this clerical error. (See affidavit)
These delays justify extending the statute of limitations for filing the civil suit.
---
Would you like more detailed information on Virginia's laws regarding statute of limitations extensions in such cases?
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
- **Delay in Receiving Critical Insurance Information:**
- Plaintiff left the accident scene by ambulance without receiving documents.
- Virginia State Highway Patrol advised Plaintiff to request a crash report from VA DMV due to "Unknown" insurance information.
- Plaintiff received a crash report with "Unknown" insurance details.
- Defendant's insurance company provided the necessary information on October *, *, after an extended delay. (See exhibits)
- **Clerk's Office Error:**
- Plaintiff's complaint was complete and correct.
- The clerk's office mistakenly refused to file the complaint, believing an order was missing.
- An affidavit from the clerk's office supports this clerical error. (See affidavit)
These delays justify extending the statute of limitations for filing the civil suit.
---
Would you like more detailed information on Virginia's laws regarding statute of limitations extensions in such cases?
Try again. Include better stated fact and supporting arguments
Certainly! Let's improve the response by clearly stating the facts and supporting arguments in a more structured manner:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, the Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
-
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, the Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
-
Continue
Certainly! Here’s a more polished and structured response with clear facts and supporting arguments:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equitable Toll
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equitable Toll
See more
Certainly! Here’s a more polished and structured response with clear facts and supporting arguments:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equitable Toll
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equitable Toll
Continue
Certainly! Here’s the continuation:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equitable Tolling:**
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equitable Tolling:**
More
Certainly! Here’s the continuation with the supporting arguments:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equ
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equ
See supporting arguments
Certainly! Here’s the continuation with the supporting arguments:
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equ
---
**Plaintiff's Response to Defendant's Motion to Dismiss**
**Reasons for Extension:**
*. **Delay in Receiving Critical Insurance Information:**
- **Ambulance Transport:** Plaintiff left the accident scene by ambulance, unable to obtain insurance details.
- **VA State Highway Patrol Instructions:** Plaintiff was advised to request a crash report from VA DMV as insurance information was listed as "Unknown."
- **Crash Report:** The crash report received from VA DMV still listed the insurance information as "Unknown."
- **Insurance Information Received:** After multiple attempts, Plaintiff received the required insurance information on October *, *, from the Defendant’s insurance company, which issued an apology for the delay. (See exhibits)
*. **Clerk's Office Error:**
- **Complete Complaint:** Plaintiff filed a complete and correct complaint.
- **Refusal to File:** The clerk's office incorrectly refused to file the complaint due to a mistaken belief that an order was missing.
- **Affidavit from Clerk:** An affidavit from the clerk's office confirms this clerical error. (See affidavit)
**Supporting Arguments:**
- **Equ
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