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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.