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Is there a time limitation to be sued for a minor car accident?
This was a very minor fender bender. We exchanged insurance info and went on our respective ways. Now, nine years later I find myself being sued. Is this legal!
7 Answers
- 1 decade agoFavorite Answer
The amount of time one has to sue a driver who hurt them in a car accident is governed by that state's "Statute of Limitations". In Florida, it's four years. Other states have longer or shorter time periods. If however, the suit is on other grounds, i.e. collecting a judgment that is outstanding against you b/c of an accident or for subrogation (an insurance company's suit vs. you to collect back money that they had to pay their own insured b/c of your accident), that cause of action does not accrue till they actually have to pay the other party and then they have from that point forward more time (whatever your statute of limitations) to sue for that. The answer for you though is easy: call the insurance company you had at the time of the accident. Car insurance is an "events" policy so if you had an accident in 1998 and were insured, for instance, by Geico at that time, call them and they should get an attorney for you, for free, to defend you. The insurance company you are now insured with is irrelevant - its the company you had at the time of the accident. If you are not sure, look at the police report and it should have the info and policy number on it. Good luck.
- 5 years ago
Well, she will have to prove she was injured by the accident, which if she did not seek medical attention until now may be hard to do. I want you to understand something though, just because it was a "fender bender" doesn't mean someone wasn't seriously injured. I was just recently in a rear end car accident, where the other driver hit us (I was passenger) doing 45 while we were stopped to make a left hand turn. I was the passenger, and my neck was snapped back and forth about three times during the impact which resulted in me being seriously injured. I got out of the car also, and wasn't in as much pain that day as I am now. We also drove off that day while the other car was towed. About ten minutes later we went to the er because the pain was increasing. I haven't worked since the accident because I can't sit up without all the muscles in my back and shoulders spasming. But generally and especially since you got a letter from your insurance company, she will sue your insurance company to cover the medical bills, not you. And I am assuming you have coverage for that? I wouldn't worry too much about it my fiance was in a car accident two years ago and his settlement was 400,000 which was all paid out by the guilty parties insurance company. If you are that worried get a lawyer. Good luck and let us know how it goes.
- Anonymous1 decade ago
Most states, there is a two year statue to file. This looks like someone is hard up for cash and trying to do anything to get it. I would approach this two ways, first get in touch with the party and site that they are beyond the Statue of Limitations. My guess is they are looking for a quick out of court settlement. Second, considering who this is and you have the time and money, people that do this usually have some sort of criminal activity around them. Hire a PI and start dirt digging. Just mentioning of so of their other illegal activity quickly makes them run away. Finally, if they are dumb enough to take it to court, go for a motion to dismiss the case on the grounds the Statue of Limitations has expired.
- Beep BLv 51 decade ago
This seems bogus,go to court and tell them the statute of limitations has lapsed.
The only reason why they would and get away with suing you now is some kind of medical problem arising from the accident.Which is legal but didn't you sign a release to get you out of thiswhen you settled??
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- 1 decade ago
most states are 2 years unless a minor is involved then it is 2 years after 18 birthday
- 1 decade ago
I thought there was a 2 year window to do any of that. My wife was hit and our lawyer waited all but 2 years before taking action.
- Anonymous1 decade ago
If they can prove a medical condition due to the accident then they can sue you