QUESTION
Can my husband still get a settlement from a car accident after 4 years?
Asked on Apr 16th, 2013 on Personal Injury - New Mexico
More details to this question:
I lived in New Jersey in 2009. My husband was in a car crash that was not his fault. The other party never paid the bill and I just found out. Is there anything we can do?
6 ANSWERS
Ronald A. Steinberg
Every state has a statute of limitations. This means that if your husband did not sue within the applicable period of time, then he cannot sue now.
Answered on Apr 24th, 2013 at 4:15 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
Was the accident in NJ? If so, why is the question in the Michigan forum? If it was a Michigan accident, and the bill was re: wage loss, medical treatment or replacement services, it would have been paid by your husband's car insurer under the No Fault coverage, but only if a written claim was made within 1 year of the crash. If it was a bill for collision coverage, it would also be paid by your husband's insurer, and any deductible up to $500 could be sued for vs. the at fault driver, if not waived by your husband's carrier. I'm not really sure what other "bills" there would be from a car crash and your facts don't specify. The type of bill/claim will determine what the statute of limitations is for any claim to have the bill paid. You'd need to consult a local lawyer in the State where the incident happened with more specific information to get a proper answer.
Answered on Apr 19th, 2013 at 12:18 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Your problem might be a statute of limitations. It is 3 years in NC and many states. In others it may be 2 years. don't know about NJ. Check with a lawyer there.
Answered on Apr 18th, 2013 at 8:51 PM
If New Jersey is similar to Oklahoma, too much time has passed. In Oklahoma, the time to file a court action expires two years from the date of the accident.
Answered on Apr 18th, 2013 at 12:15 PM
NA richard@jandjlaw.com
Probably not.
Answered on Apr 18th, 2013 at 12:14 PM
4 Awards
Each state has their own statute of limitations which is the number of years one has to settle or file suit on a claim. In New Mexico the SOL is 3 years unless it is a government type entity which is only 2 years. There are some exceptions for those under 18 and other incapacitated parties.
Answered on Apr 18th, 2013 at 12:12 PM
Mark Caruso, Attorney Caruso Law Offices, PC New Mexico Personal Injury and Wrongful Death Attorneys (505) 883-5000 www.CarusoLaw.com