What is the time limit to file a claim on a personal injury caused by a car accident? Would it be possible to sue the person that caused the car accident after one year, even though at that time there was no police report, and the person's car that got hit did not file a personal injury report? What are the chances of winning if a lawsuit is filed after one year of the accident? Since California has a statue of limitation of two years, could this person file a lawsuit even though he did not file for the personal injury, but onlly for the damages done to his car? And can I sue him back for possible fraud?
2007-11-27 14:07:14 · 6 answers · asked by Evelyn 1 in Cars & Transportation ➔ Insurance & Registration
If the statute of limitations is 2 years then the person has two years from the date of the accident to file a claim or law suit. After 2 years and 1 day - the statute has run. They way they preserve the statute is to get the suit filed -it does not have to be served on you with in the two years. Depending on the laws of your state, they may be able to file in the county where they live, you live or accident happened. Some states have large cities that are their own venue.
It would be helpful if I knew which person you are.
If you are the at fault driver - if the other person files a law suit contact your insurance company immediately. They will need to know when you got the papers and how you got them (process server or certified mail). They will hire an attorney to defend you - in accordance with your policy provisions. However they have a limited amount of time to get an answer on file and the clock starts to run when you get served.
If you think the other driver is trying to serve you - don't doge it. Then they will just serve through publication and most likely you will not know when that happened and end up with a default verdict against you.
The defense attorney the insurance company hires may think a counter suit is a good idea - sometimes the best defense is a good offense. That is something you would have to speak with him/her about.
2007-11-27 15:31:00 · answer #1 · answered by Boots 7 · 1⤊ 0⤋
The time limit varies by state. It's usually two to three years.
They don't have to file right away.
The length of time from filing the suit has no bearing on the chances of winning - it's ALL going to be about who caused the accident. As long as the suit is within the statute of limitations.
The police report doesn't matter very much. If everyone agrees the accident happened, all they THEN have to do is decide fault, and decide damages.
Fraud is a criminal charge. You can't sue him, and it doesn't sound like they've committed fraud. You're just mad that they're sueing you.
2007-11-27 14:34:14 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
First of all, If you own and drive a car, make sure you are adequately covered by insurance for personal injury, liability, property damage or claims resulting from any accident in which you were involved.Report the circumstances to your insurance company , file a police report in the proper jurisdiction , get driver's license name , number, state, their insurance carrier, motor vehicle registration number etc. of any other auto involved in the accident. If the police generate a report get a copy. All this information is vital if someone decides that court action is required. Never take for granted that all is OK Make sure the details of the accident are well documented.
2007-11-27 14:36:49 · answer #3 · answered by googie 7 · 0⤊ 0⤋
If injured, the law usually requires a police report be filed.
If you file a lawsuit a year after the accident, and there's no record of injury, the response is liable to be rather blunt and to the point .
Why is everybody so interested in sueing everybody else???
2007-11-27 18:09:30 · answer #4 · answered by TedEx 7 · 0⤊ 0⤋
I would say no on all counts. You didn't file a report, so as far as I am concerned the accident never happened.
2007-11-27 14:12:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes, in theory, as long as its within the statue of limitiation- he can claim injury a year later. HOWEVER, your insurance company will determine how valid his claim is and only pay what they feel is reasonable. They dont just give out money for fun and see and detect tons of fraud daily.
2007-11-27 14:22:12 · answer #6 · answered by la428282 6 · 0⤊ 0⤋