QUESTION
Can the statute of limitations on a personal injury claim expire once the claim has been filed?
Asked on Jan 17th, 2013 on Automobile Accidents - Georgia
More details to this question:
Filed claim for auto accident. Full liability was determined by arbitration against the other driver's insurance company. Company offered settlement that is unsatisfactory after taking 9 months to obtain documentation and review. Now they claim statute of limitations for me to sue has run out. Can they stall and run out of the statue of limitations even though my claim was filed at the time of the accident? Accident occurred January 2010 and claim was filed. Offered settlement January 2013. Is it too late to hire an attorney?
1 ANSWER
Criminal Law Attorney serving Woodstock, GA
Partner at
Ghanouni Teen & Young Adult Defense Firm
3 Awards
When you say you filed a claim, I assume you did not file a law suit. Filing a claim with the insurance company does not stop the statute of limitations from running.
Typically, the statute of limitations is two years for injuries arising from a motor vehicle wreck; however, if the at fault driver received a citation because of the wreck, then the two years may be calculated from when the other party resolved his or her citation.
Ultimately, a review of the case would be needed to determine if the statute of limitations has run by looking in to the details of the at fault driver's citation and your case. I would recommend contacting a lawyer immediately so that a suit can be filed if the statute of limitations has not run.
Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com
Answered on Jan 21st, 2013 at 10:55 AM
This response is for general information. No attorney client relationship exists. Always consult an attorney about the specific facts of your case.