In 1999 my son was 16 years old @ the time. He was involved in a minor finder binder. An 80 year old woman actually backed into him in attempt to get into a turning lane. A officer was dispatched. An exchange of information was done. No injuries, no damage to either vehicle. Almost 4 years later, Dec 24, 2003 a civil suit was filed against us. The person actually lied stating my son hit her. Now this person has been deceased for two years but the insurance company continues to come after us. This 80 year old woman had pre-existing medical conditions (the same she claims happened in the accident)... My questions is WHAT IS THE STATUE OF LIMITATION FOR FILING A CIVIL SUIT PERTAINING TO CAR ACCIDENTS IN THE STATE OF FLORIDA? Also, the plantiff is now deceased and has a probate case pending is this legal, should this civil case be in probate since this person is deceased? Also, she hit my son my son did not hit her. What can we do to stop this unjust civil suit... HELP.......
2007-01-23 23:47:22 · 8 answers · asked by pml_lsk 1 in Cars & Transportation ➔ Insurance & Registration
Generally 7 years. If you still have the police report stating no injury, no damage that should be enough to make it go away. Have you contacted your insurance company? They should be representing you in this matter.
If they aren't, you may have to hire an attorney and pay his expenses to represent you, but it should go away quickly once the probate court gets the facts.
I wish you well.
2007-01-24 02:33:42 · answer #1 · answered by oklatom 7 · 0⤊ 1⤋
As a retired English lawyer I was interested in your question for here the time limit for bringing claims for personal injury is 3 years from the date the accident occurred - unless the claimant is under a disability (usually below the age of majority) when the time is 3 years from the disability ceasing (18th birthday). So here, the action on behalf of the old lady would be statute barred if filed on 24 December 2003, but your son could have brought a claim up until 2004.
However, I've looked at the Florida statute and find the time limit is 4 years from the date of the accident - so provided the accident took place after the 24 December 1999, a suit filed on 24 December 2003 is just in time. Who is the claimant in the case? The executor(s) of her will? I'm sure the Courts here would not have allowed the case to be issued - or if it was it could well have been struck out. If not, it would certainly have been over and done with by now as our Courts impose very strict time limits on how a case is managed and run.
2007-01-24 00:04:49 · answer #2 · answered by rdenig_male 7 · 0⤊ 0⤋
You need to turn this in to your insurance company immediately and see if they will provide you with defense. If you made a claim or let them know about it at the time of claim it will not be a problem. It still may not be a problem because you did not actually have a claim at the time of the accident but you do now. You need to turn it in to whatever company insured you at the time of the accident. There is no reason to contact any attorney unless your company refuses to provide defense
2007-01-24 02:08:37 · answer #3 · answered by blb 5 · 0⤊ 0⤋
The logical thing for you to do is contact an attorney. They may do a consultation for free, but it would seem to me to be worth spending some money and getting it resolved. I would have thought a copy of the police report would put an end to it. If you don't have one, I'm not sure what would end it. Call an attorney. Or do what swatt said and contact the insurance agency you had at the time of the accident. i would think they could help too.
2007-01-23 23:58:13 · answer #4 · answered by ? 6 · 0⤊ 0⤋
First of all...it's STATUTE, STATUTE, not Statue! Okay...the OCD grammaticist has been let out...
Sounds like you need a lawyer, but surely there's no case here. Especially since the police were called and an accident report was filled out. Does the original police report say that she backed into your son? If it does then I don't think you have a thing to worry about.
2007-01-23 23:56:50 · answer #5 · answered by Nasubi 7 · 0⤊ 0⤋
By all means refer this to the insurance company that covered your son at the time of the accident. They have a leagal obligation to defend you even if you are no longer covered by them.
Never settle directly with the insurance carrier for the plaintiff if you had coverage. This may be a ploy to recover their loss on their insured. If they continue, file a formal complaint with the Florida Department of Insurance.
Here is a link:
http://www.fldfs.com/
2007-01-24 03:53:15 · answer #6 · answered by Jody D 6 · 0⤊ 0⤋
the laws are different in each state... in ohio its 7 years. since she started the suit only four years after, i dont believe she passed the statute of limitations.
your insurance company at the time should provide your defense for you. contact them, then ask the lawyer they provide any questions you may have.
2007-01-23 23:57:42 · answer #7 · answered by swatthefly 5 · 0⤊ 0⤋
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2016-05-24 03:50:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋