Q: What is the statute of limitations for recovery due to a car accident?
I am being sued for special, property, general and compensatory damages. The car accident occurred just 5 days shy of the date of filing 2 years ago. I was cited for failure to yield..however the plaintiffs have already received payment from my insurance company. They also filed a cross claim against their insurance company. Are they entitled to recovery? What is the statute that states the limitation for recovery?
A:
First, make a copy of whatever you got and call the claims handler for the claim they settled; second if there is no longer an open claim, ask to talk to a supervisor, ask him to reopen claim and where to send the papers; they will then get a lawyer and defend it. If all they settled for was damage to the car,as long as they file suit within the statute they can make a claim. If your company compensated them for their injuries, the company would have a "release of all claims."
That doesn't mean you can ignore the case. Follow the steps I outlined above.
I believe the statute of limitations is two years, though for minors it starts to run on their 18th birthday.
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