Asked in Car Accidents for West Virginia

Q: How long do you have to file a claim against someone

Neighbor across the road let a young boy operate an ATV side by side when he parked it in their driveway did not set break ATV rolled out of driveway which is sloped came down road slammed into my car uninsured would not cover because it was in my driveway I have dealt as a good neighbor thinking he would do the right thing and a little of two years has not can i still file a claim against him

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1 Lawyer Answer
D. Michael Burke
D. Michael Burke
  • Personal Injury Lawyer
  • Martinsburg, WV

A: You have two years from the date of the wreck to file a suit in court.

I cannot tell from your message if two years have passed or not; you wrote "a little of two years has not can i still file . . ."

I would check your auto insurance policy to see what it says about your car being in your driveway. I am not familiar with any exclusion for uninsured motorist coverage for that reason. Uninsured motorist might not cover the loss because an ATV might not be considered an "uninsured motor vehicle" because it may not meet the definition of a "motor vehicle." If you have comprehensive coverage, it may apply as well. You should call or consult an attorney who handles insurance claims.

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