QUESTION
Can the insurance sue him now that he is not a minor?
Asked on Oct 23rd, 2012 on Personal Injury - New Jersey
More details to this question:
My nephew was in a car accident when he was 16 and he is 18 now. The accident was September 22, 2010. They filed the claim September 7, 2012.
10 ANSWERS
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Yes.
Answered on May 21st, 2013 at 1:54 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Yes your nephew can be sued even though he was a minor at all times, both when the accident happened and when he was sued. The age of majority in Nebraska, for most things, is 19 years old. Minors can be sued for most things, including car accidents. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Nov 02nd, 2012 at 12:57 AM
Ronald A. Steinberg
In Michigan, you can sue on a contract for 6 years; you can sue for negligence for 3 years.
Answered on Oct 30th, 2012 at 10:02 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, they can. However, if there the car your nephew drove was covered by auto insurance, the insurer will hire a lawyer to defend the claim.
Answered on Oct 25th, 2012 at 10:23 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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The plaintiff can sue up to the two year anniversary of the accident, which is what they have done in your nephew's case. Report it to your automobile insurance company or the insurer for the car your nephew was driving right away. Your nephew must file a written response with the court within 30 days from the date he is served with the lawsuit.
Answered on Oct 25th, 2012 at 8:39 PM
John D Duncan
The Statute of Limitations for personal injury in Georgia is two years from the date of the accident, and it looks like they filed just in time to remain within that window.
Answered on Oct 25th, 2012 at 7:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Surely. If he is at fault just tell your insurance company. They will deal with it. that is why you buy insurance.
Answered on Oct 25th, 2012 at 7:31 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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To the extent that he caused the accident and they file within two years, yes they can.
Answered on Oct 25th, 2012 at 7:20 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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A lawsuit can be filed within the statute of limitations, which is 4 years for auto accident cases.
Answered on Oct 25th, 2012 at 6:16 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In NJ, there is a two year Statute of Limitations to bring a suit, so yes it is legal.
Answered on Oct 25th, 2012 at 6:15 PM