Marinette, WI asked in Personal Injury, Car Accidents and Civil Litigation for Wisconsin

Q: How long can a person hold a claim open on you from an auto accident?

My son was driving my daughters truck. hit a pedestrian. My daughters truck was under my husband and my auto insurance. My son had his own auto insurance. This accident happened 11/29/2015. My sons auto insurance paid out the policy limits but the party that was hurt refuses to sign off my son. I believe my auto insurance paid also. What can I expect to happen? My husband and my insurance dropped us I now have different insurance co. We live in Peshtigo Wisconsin.

2 Lawyer Answers

Emmanuel Muwonge

  • Personal Injury Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: Thank you for your question. Except in cases of medical malpractice or wrongful death, a minor has two years from the date of his or her 18th birthday to file suit. If however, the victim was an adult, the statute of limitations is 3 years from the date of the accident or from the time s/he could have discovered the injuries, whichever is earlier.

What you can expect is someone trying to file a lawsuit against your son because he was the driver of the offending vehicle. They may also try to sue the owner of that vehicle on the purported basis that, she should have never permitted her brother (your son) to operate her vehicle allegedly because, she knew or should have known that he was the type of driver that would cause what they will allege, happened. Such premise presupposes that your son (driver) has a record of which any reasonable car owner in your daughter's shoes knew and/or should have known not to permit him to drive said vehicle.

I hope that this answer provides you with the information you were looking for.

Peter N. Munsing

  • Personal Injury Lawyer
  • Wyomissing, PA

A: The insurance company attorney should file suit to enforce the settlement if there was a true settlement.

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