Can I be sued in this time period or has the statute of limitations been reached?

Question

I received a letter saying I was being sued for a car accident that happened November 26, 2010. The paperwork was filed on September 17, 2012. I would like to know could I be sued in this limit of time or has the statue of limitation been reached? I went to see the lady in the hospital and told her if she needed anything she said no. I asked her for her phone number so I could call and check on her. Each time I did no one answered. Her grandson said he was fine and did not need to be seen by the hospital but on the lawsuit both of their names are on it. Could you please tell me if they have a right to sue me?

Jeffrey Lapin · Answer

Assuming you were not working for a governmental entity (state, county, city, political subdivision) at the time of the accident the Statute of Limitations for automobile accidents in Nebraska is four (4) years from the date of the accident. Therefore, you were sued within the Statute of Limitations as you were sued less than 2 years from the accident. There are different time limitations if you were working for a governmental entity at the time of the accident.  As to you last question, "Could you please tell me if they have a right to sue me?" I do not know how to answer this question unless you are again asking about the Statute of Limitations. If you caused the accident and the other driver and her grandson were injured they have the right to sue you. As to statements about injuries and not returning your phone calls that may go to the issue of the nature and extent of their injuries; it does not mean they cannot sue you.  You should, if you have not done so already, immediately contact your car insurance company as soon as possible about the lawsuit. They will hire an attorney to defend you. Between the insurance company and your attorney they should be able to answer any additional questions you have.

Robert Lucky · Answer

In Louisiana, an injured person has one year from the date of the accident to settle with the at-fault party or to file a lawsuit against the person. It appears that the injured person filed the lawsuit after the prescriptive (i.e. statute of limitations) period.

Paul Whitfield · Answer

Of course they do. They have 3 years. You are supposed to turn all this over to your insurance carrier. They will take care of it. it is not for you to worry about. Visiting the hospital or calling a hundred times does not obviate your damage to somebody does it?

Cary Smalley · Answer

The statute of limitations is two years from the date of the accident. So the lawsuit only needs to be filed within 2 years of the date of the accident.

Jonathan S. Safran · Answer

There is normally a three year statute of limitations in Wisconsin which requires either a settlement or the commencement of a lawsuit within three years from the date of the accident for an adult making a claim for injuries as a result of someone's negligence such as in a vehicle collision. Based upon the information which you have provided, it does not appear as though the statute of limitations has yet expired when the lawsuit was filed against you.

Ronald A. Steinberg · Answer

Under Michigan law, suit must be filed on or before the 3 year anniversary of the accident.

Richard Jacobson · Answer

The limitations period for negligent harms is three years, so they have nearly 11 months to sue you. If both names are on the Complaint, it is likely that the son believes he has a cause of action against you, perhaps for lost support or companionship.

Mark Sternlicht · Answer

North Carolina has a three-year statute of limitations for filing a personal   injury suit related to a car wreck.  You should notify your insurance   company if you haven't already done that.

Georges Shers · Answer

They have the right to file suit within two years of the accident so the suit is timely but unless the grandson owns the car he would have no cause of action against you. Turn the matter over to your insurance company if you had coverage. If not, you will need to hire an attorney to handle the matter unless you can get them to compromise at a reasonable amount. You should probably have an attorney review the matter in any case, unless you have insurance coverage, as the carrier will then handle the entire matter.

Thomas Edward Gates · Answer

Yes they can sue you.

Barry Regar · Answer

California has a 2 year time limit for filing lawsuits such as described in your question.  The fact that you were told by the lady's grandson that the victim was, "fine", does not prevent the lady from filing her lawsuit.  You should contact your insurance company about this assuming you had liability insurance.  If you didn't have liability insurance for this accident your personal assets are at risk.  If you were uninsured you should contact a lawyer to explore your legal rights and liabilities.

David Stoddard · Answer

In SC they have three years from the date of the accident to file suit.

Thomas Feher · Answer

Yes, you can be sued. In personal injury matters, the statute of limitations is two years.

Steven Kalishman · Answer

They have four years from the date of the accident to file suit.

Brett Rosenthal · Answer

Yes, they have the right to sue you, the statute on personal injury since 2003 is 2 years post accident and based on the fact they filed 22 months post accident they are w/i the statute. As for grandson, even if he suffered injuries that were only symptomatic for short time still proper party to suit, even if his claim doesn't have lot of value.

Christopher Kittell · Answer

That depends on the statute of limitations for the state in which you are sued. In my home state of Mississippi, the deadline to sue for most car wrecks is 3 years. However, if the negligent driver was on duty for a public entity (i.e. a county, city, police department, etc.), the deadline to sue is only 1 year.  In Tennesse, which I am located near, the deadline to sue for all car wrecks is 1 year.  If you had car insurance at the time of the wreck, you should just turn the matter over to them, as they will provide you with a lawyer to defend the lawsuit against you and he or she will know whether the statute of limitations is a defense to your case.

Matthew Kaplan · Answer

The statute of limitations in Oregon is 2 years.  It looks like they filed the suit before the 2 year period was up, so it appears to be valid.

Mark West · Answer

If you are in California, yes they filed suit within 2 years from the date of the incident.  Make sure you send what you were served to your insurance carrier immediately and they will provide you with a defense (including a lawyer).

Myron Tucker · Answer

The time within which a lawsuit must be filed is 2 years from the date of the accident.  If a lawsuit was filed within that time and you are served, you will need to respond.  If you had insurance at the time, you should let your insurer know even if you think you may be safe. If you did not have insurance, and a lawsuit was filed and served you will need to file an answer or expect a default judgment against you.

Richard Lowell · Answer

Sorry, but in Washington State, the statute of limitations for a car accident is 3 years.  So, 'yes,' they have the right to sue you.  You should definitely contact your auto insurance company immediately and advise them of the lawsuit.

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Can I be sued in this time period or has the statute of limitations been reached?

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