QUESTION
Can I still file a lawsuit for a car accident that happened 2 years ago?
Asked on May 03rd, 2013 on Personal Injury - Pennsylvania
More details to this question:
I got in an accident on October 2010. I was waiting to make a left when the car behind hit me from behind. My car was totalled. I started going to doctors for therapy with an investigation person. I was so confused. He took me back and forth to many doctors but he never made me sign anything so I only went to therapy five times. I just let the case go because I wasn’t really hurting. Now after two years, my back is killing me. I don’t know if after two years I can still open a claim. It was also confusing because the car wasn’t mine nor was my name on the insurance. I had just borrowed it because I was late to school.
17 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
In Michigan your own car insurance company will pay No Fault Benefits, which include medical treatment/testing expenses, wage loss and replacement services. This is so even if you were in someone else's car. Of course, you had to file a written Application for Benefits within 1 year of the crash to have those benefits. The medical portion of the benefits is for lifetime care. So you can still get testing/treatment even years after the crash. If your injuries rise to the level of a serious impairment of a body function, you can sue the at fault owner/driver up to 3 years from the date of the crash. However, if you have only had 5 treatments over 2.5 years, it will likely be difficult to prove you had a serious impairment; however, perhaps immediate current testing/treatment will be able to show you do have serious injuries that should have received earlier attention.
Answered on May 14th, 2013 at 7:57 AM
Sorry, but you have only two yeas after the accident to file a suit for non-property damages [damages aside from those to the car]. Since you did not own the car, you can not sue for those damages unless you were forced by the owner to pay for the damages. I am not sure who you mean by an investigator [someone from a plaintiff's attorney firm they should have told you to file suit within the two years; if someone from the insurance company did they in writing extend the statute of limitations?].
Answered on May 13th, 2013 at 4:18 PM
Personal Injury Attorney serving Boise, ID
at
Montgomery | Dowdle Law
Update Your Profile
Unfortunately, Idaho has a 2 year statute of limitations. That means that in order to file a lawsuit against the person at fault in a car accident, the lawsuit must be filed within 2 years of the accident date. Unless you could show the insurance company or someone acting on their behalf intentionally mislead you about the date, you are probably out of luck.
Answered on May 10th, 2013 at 5:14 AM
Ronald A. Steinberg
You can in Michigan because we have a 3 year Statute of Limitations. Some states have more and some have less.
Answered on May 09th, 2013 at 2:33 PM
Alexis Anne Plunkett
In Nevada, the statute of limitations on filing a personal injury claim is two years. In your case the two years has passed, so no, you cannot file a lawsuit.
Answered on May 08th, 2013 at 5:49 AM
1 Award
You have three years from the date of the accident to file a case. I suggest you contact a lawyer as soon as possible to help you with your claim.
Answered on May 08th, 2013 at 4:36 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
The statute of limitations for personal injury lawsuits is 2 years, but this accident in October of 2010 is MORE than 2 years ago, so you cannot sue on it now.
Answered on May 08th, 2013 at 4:29 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
The statute of limitations is 3 years. the question the insurance co will drive you nuts with is making you prove the accident has anything to do with your back pain you have 2 years later. The hiatus is a claim killer.
Answered on May 08th, 2013 at 1:47 AM
Monica Cecilia Castillo-Barraza
In California, the personal injury statute of limitations is 2 years.
Answered on May 06th, 2013 at 11:53 AM
In Washington, you have three years to file your claim. You should hire an attorney right away to present your claim. You don't want to delay any longer.
Answered on May 06th, 2013 at 11:52 AM
James Eugene Hasser
In Alabama, you have two years from the date of accident to file suit or you are forever barred from doing so. If you were a minor at the time of the accident, you have 2 years from your 19th birthday to file suit.
Answered on May 06th, 2013 at 11:52 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You have up to three years from the date of the accident to file suit. From what you described, the difficult part in your case may be proving the accident caused the injury.
Answered on May 06th, 2013 at 11:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would have to be made aware of all the circumstances before I could render opinion. It appears from your recitation of the facts that various things were done and paid for as if there was an open claim. I would suggest you counsel with an attorney about your situation.
Answered on May 06th, 2013 at 11:51 AM
John Hone
In Michigan, you may have a case. The limitations for a third party case is 3 years. This case is against the other driver, and you must be seriously injured.
Answered on May 06th, 2013 at 11:50 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Yes; the statute of limitations is four (4) years from the date of the accident. I would advise you to hire a good personal injury lawyer because the lack of treatment will pose a problem relating your current symptoms with an accident that occurred years before.
Answered on May 06th, 2013 at 11:50 AM
Insurance Attorney serving Seattle, WA
at
Lawrence Kahn Law Group
Update Your Profile
The Statute of Limitations in Washington State is 3 years.
Answered on May 06th, 2013 at 11:50 AM
Workers Compensation Attorney serving Newtown Square, PA
at
Law Offices of Richard A. Jaffe, LLC
Update Your Profile
I am sorry to hear that you are having increased pain in the lower back which relate to a motor vehicle accident occurring in October, 2010. However, please note that in the state of Pennsylvania, there is a two year Statute of Limitations. If you did not file a lawsuit within two years of the motor vehicle accident, you have waive all rights if you might otherwise have had. Despite the above, it is still my recommendation that you immediately contact an attorney experienced in handling motor vehicle accidents to determine what rights come in, I still have relative to set motor vehicle accident.
Answered on May 06th, 2013 at 11:48 AM