I got rear ended and it's been almost a year can I still sue?

Question

Around October of last year I got rear ended by a car that tried to cut off another driver. I was at a stop light and the car came from behind so I didn't see anything. My car is under my mom's name and I was just getting insurance. Unfortunately both driver's didn't want to take the blame for it and the case went into arbitration. I haven't been able to file a claim because I live in a city far away from where I'm suppose to file and it's actually my mother who doesn't have the time to go.
All I have is the complete information of both drivers and my passenger's whom didn't see anything either oh yeah and my 5000.00 estimate of the damage.
I've finally managed to convince her to miss a day of work for me but is it too late to file a small claim on an almost year old accident with NO police report?

Answer 1

Depends on the statute of limitations where the accident happened. As long as the statue hasn't expired you can sue. But here's the rub....if the case went to arbitration and has been decided, you can't sue....the ruling of the arbitrator is final. You need to find out what that ruling is. If the case hasn't been heard in arbitration....you're an innocent victim and should be paid--if you can sue, sue both of the drivers and let the judge decide.

Answer 2

So, if I'm reading your question correctly you were driving a vehicle not in your name without insurance. It went into arbitration. What was the result of that? Why were the police not called to do a report? So now you have convinced your mother, who wasn't even in the car, to file a small claims case? What's wrong with this picture?

Your mother wasn't driving, you were. What can you say? "I saw nothing." Likewise your passengers. So you appear in small claims and say "Hi judge, I want someone to give me $5,000. thanks."

Yeah, right.

Answer 3

how on earth are you going to prove it happened? Do you think the other parties are just going to walk into court and say "yep, you got me... ill pay 5000 "

And dont you think there insurance will think its shady that you reported it a year later with no police report? how do they know their insured even caused all the damage? lets say we forget all these hurdles you have to cross...

Im assuming you meant can you still file a claim through their insurance... not "sue" them. (gotta love how america is so sue happy that they dont even know if they are really suing or not)

all states have "statue of limitations"- meaning a length of time you must collect in. Your likely under it.. so as long as your repairs arent complete yet... they should cover it.

I hope your not claiming an injury though... b/c clearly if you were really injured you would have notified them w/n the last year.

Just call the at fault parties insurance and file.. whats the worse they can say? "no"?

Answer 4

It depends on the statute of limitations for the state you live in.

The easy way to do this - is to file a claim under your collision coverage (if you have it). Your insurance company will pay you and will go after the other drivers for re-payment.

Answer 5

Were you or your Mom not notified of the arbitration and the results? If not, then why? If you had 5K worth of collision damage to your vehicle SOMEONE at the scene had to see it and most likely tow it away. You are leaving out some major parts of this story...

Answer 6

The airbags labored wisely. Airbags must be intently designed to no longer set up in this sort of twist of destiny. If the airbags had deployed, they might have harm you worse than the twist of destiny did, after so you might sue Toyota, because of the fact the airbags might have deployed while they would not have.

Answer 7

call LARRY H PARKER he got me 2.1 million.