I was in a wreck in 2008, I was a passenger, the person driving never filed a claim with her insurance company and I just found this out. Now they are being put on my credit reports. I have contacted the insurance co. after finding out who she had and they said a claim was never filed and I only have 2 years to file a claim so they wont don't anything. I was wandering if I can file a personal suit for it and garnish her wages.
Unfortunately, probably not. Pursuant to Ohio law, a person injured as a result of an automobile accident has two (2) years from the date of the collision to file a lawsuit, or the claim is forever barred, and you will not be entitled to compensation. There are exceptions to this rule, such as when the at fault driver lives out of state and has not been back to Ohio since the accident. But it is very rare that the two year limit is extended. Also, if you were a minor at the time of the accident (under 18 years of age) the two year period does not begin to run until your 18th birthday. If you were a minor at the time of the accident, you would then have until your 20th birthday to file a lawsuit.
Because your accident happened in 2008, the statute of limitations most likely expired two years from the date of the accident, in 2010. Because it is now 2013, your statute of limitations has most likely long since expired, and you are now time barred from suing the at fault driver for your injuries and your damages (i.e. medical bills, lost wages, pain/suffering).
If you believe that there may be some circumstance that extends your statute of limitations beyond the two year period, you should consult with an attorney immediately, as the time limit could expire very soon.
Best of luck to you.
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