Q: In a minor car accident 6/14/17 in D.C. Other person is filing a lawsuit, letter from lawyer dated 7/24/17. Can she?
The car accident was minor and occurred in Washington D.C. I lived in VA at the time and the other person lived in MD. This happened 6/30/14 but the letter from her lawyer is dated 7/24/17. Is this not outside the statute of limitations? And since D.C. is a no fault district, does this apply at all?
A:
Assuming that D.C. has the same statute of limitations as Washington (3 years) it would appear that it is outside the SOL. But most jurisdictions have rules that allow someone to file suit within the statute and have a grace period to find and serve the other party. From what you've provided, I can't say for sure, but that would be my suspicion.
In either event, let your insurance company know. They will have a duty to defend you in the lawsuit, and they will explore whether the lawsuit is barred.
A: A letter from the lawyer doesn't toll the statute unless the lawyer also filed a case in DC. Send a copy of the letter to your insurance. They will provide you with a lawyer if need be. Do not respond to the letter--you don't want to say something that extends the statute.
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