Is it too late to file a claim or sue a person for an accident that occured one year ago?

Question

Around a year ago my parked car was hit by a drunk driver that did not have his license or insurance, and he didn't stick around. I was at a party, and everyone had been drinking so I decided to wait till the next day to report anything. My boyfriend at the time was friends with him, so I called him the next morning and he asked me not to call the cops and promised he would pay me back. Big mistake. My car had over 1000 dollars of damage on it and I have recieved only around 400 within the past 12 months. He avoids my phone calls now, and claims that he will not pay me back. I am told that I can sue him for this accident and force him to pay me. I still have paint marks on the side of my car that can be matched to his truck. I only have 2 witnesses that would testify for me however, because the rest are his friends and I'm not sure if they would be willing to do that to him. I have all the copies of the bills, and would like to know if I can still file a claim on him or sue him. Thanks

Answer 1

I believe in most places you have two or three years...call the county court clerk to find out for sure.

Answer 2

You didn't say what state this happened in; and the Statute of Limitations is set by the state. I don't know of any states that have a one year statute, but you'd need to check. The problem that you'll run into is that so much time has gone by your own insurance company may take issue with the delay in reporting the claim and could decide not to cover it. Report it anyway and see what happens.

Answer 3

Yes, you can file for that small of an amount in small claims court and get a judgment against him. You can also settle with him for cash before it goes to court to keep it off his record, which he may decided is the best course when he is served with the papers.

Answer 4

I'm pretty sure you still can but I could be wrong.