QUESTION
Can I sue for the damages from the accident if the accident happened when she was a minor and now she is 18?
Asked on Apr 04th, 2013 on Personal Injury - Florida
More details to this question:
I was in an accident with a minor in 2012. She didn't have insurance.
11 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you are talking a car crash, you have 1 year to make your PIP claim against your own insurer or 1 year to sue your insurer from the date of any unpaid benefits and 3 years to sue any owner/driver of a car that negligently caused you injury. The age of the defendant is not material to your statute of limitations.
Answered on Apr 05th, 2013 at 4:12 AM
Christian Joseph Menard
Yes you can sue for your injuries as the statute of limitations is two years. However, if she does not have insurance then you should file a claim with your insurance company under your uninsured motorist coverage.
Answered on Apr 05th, 2013 at 12:19 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney for your possible avenues of recovery. You are running under a number of misconceptions.
Answered on Apr 04th, 2013 at 9:04 PM
Thomas Edward Gates
You may sue her for damages. Given her age, she will likely have little resources to pay for any judgment.
Answered on Apr 04th, 2013 at 8:44 PM
You can bring an action, could have already brought an action. The question is whether there is any reasonable potential to recover your damages even if you prevail. Does the responsible party possess any ability to pay your damages? While there are exceptions to general rules, a failure to carry mandated automotive insurance is typically a signal of a person with extremely limited assets. When minimal assets do exist, these are often ones which are exempt from attachment.
Answered on Apr 04th, 2013 at 8:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sure you can but fat chance you will collect anything if there is no coverage.
Answered on Apr 04th, 2013 at 8:19 PM
Ronald A. Steinberg
Under Michigan law, you can sue until the three year anniversary of the accident, however if she DoD not have insurance, what are you going to get? If you had uninsured motorist coverage, claim against that, instead.
Answered on Apr 04th, 2013 at 8:17 PM
James Eugene Hasser
The time to sue the minor is 2 years from the date of the accident. The fact she was a minor does not stop the statute from running. If she doesn't have insurance, I'm wondering what the point is, though. How would you collect? You are better off making an uninsured motorist and collision claim with your insurance company and let them worry about if and how they would get their money back.
Answered on Apr 04th, 2013 at 8:14 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, you still have a claim despite the fact that the person who caused your injuries was a minor and has now become an adult. If that individual did not have auto insurance, you should check with your auto insurance company to see whether you have uninsured motorist coverage. If so, you can present your claim to them.
Answered on Apr 04th, 2013 at 8:14 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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The North Carolina statute of limitations for a case like this is three years. If she didn't have insurance, you should contact your insurance company to see if you can make a claim under uninsured motorist coverage that you may have.
Answered on Apr 04th, 2013 at 8:14 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, but you can (and should) sue the owner of the vehicle, and since you have to be 18 to own a car, you should sue the owner. If she didn't have insurance, then check to see if you have uninsured motorist insurance and you can collect from you UM insurer, and they'll go back against the owner of the car to recoup their money.
Answered on Apr 04th, 2013 at 8:13 PM