We recently got into an accident where the guy pulled out in front of us...but the cop didnt write ANYONE a ticket...how long do u have to take it to court it happened in March...and he didnt have insurance..but do I even have a case when the cop didnt write a ticket?
2006-06-29 00:27:15 · 5 answers · asked by *~Callie~* 1 in Politics & Government ➔ Law & Ethics
you have to look at the limitations of actions act. Usually, you have around 6 years - but this varies from state to state.
Also, the longer you take, the less reliable people's memories are and the harder it is to track them down. So even though you may be within the time limits, you may have evidentiary problems if you wait SIX years.
Finally, you have a case regardless of whether the cop wrote/didn't write a ticket.
Also are you prepared to go through the pain of going through court? it might cost a lot more money than the damage toyour car. Hope this helps.
2006-06-29 03:53:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends on which state you live in. I think you have a year to write a letter of intent to sue, then 7 years before you cannot do anything. You might have a difficult time without a ticket, but you could get all the information and take it to an attorney and have them give you their point of view. It will be a small charge compared to any vehicle damage or medical claims.
2006-06-29 07:32:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I would need to know if you had insurance, and if you reported it to your own insurance. If you live in a no-fault insurance state, your insurance pays you and then it is up to them to sue the uninsured party (which rarely gets anywhere), but your losses should be paid. If this was just a fender bender and nobody involved the insurance companies, you have a case, in my state you have around two years to go to court on it (but that is my state ) but when you get there it is going to be strictly he said, she said, and it may be more trouble than its worth.
2006-06-29 10:59:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
yes you do have a case however the way you file will your case will greatly determin the outcome,either through victim impact panels or restitution by order of the courts
2006-06-29 10:09:59 · answer #4 · answered by Louis F 2 · 0⤊ 0⤋
didnt you file a complain ? no? then nothing to do there
2006-06-29 08:21:08 · answer #5 · answered by thinker bell 3 · 0⤊ 0⤋