How long do we have to sue the at-fault driver?

Question

We were in a car accident last July. The other driver was found at fault. His insurance paid some stuff but we have incurred other expenses as a result of the accident and would like to sue the owner of the vehicle.

Robert Lucky · Answer

In Louisiana, you have one year from the date of the accident to file a lawsuit against the at-fault party or you will lose your legal right to recover.

Ronald A. Steinberg · Answer

Each state has it's own statute of limitations.

Gregory Janks · Answer

In Michigan you have 3 years within which to sue the owner/driver of any at fault vehicle. You need to prove fault, proximate cause and extent of damages, which must include proving your injuries meet the threshold requirements of the Michigan No Fault Statute and the case law interpreting same. It is your own insurer that pays Michigan No Fault Benefits, which consist of wage loss, medical treatment expenses and replacement services. You only have 1 year to file a written Application for  Benefits and you can not allow any benefits to become over 1 year old without filing suit or you lose back benefits on a day by day basis.

Georges Shers · Answer

Two years from the date of the accident for personal injuries, 4 years for property damage, but things such as your time taken to handle the repair of the car are not covered. What other damages are you seeking? The insurance company should be paying whatever their insured is at fault for.

Christopher Caldwell · Answer

In Idaho, the statute of limitations is generally two years.  Be aware, however, that accidents caused by government employees may require tort claims that need to be filed in as little as 180 days.

Jill K. Whitbeck · Answer

In Nevada, you have 2 years. However, if you signed a release to get money from the driver's insurance company, you have given up your right to sue the driver. Most insurance companies will not pay without getting a release, so you need to review your documents carefully.

J. Michael End · Answer

The statute of limitations for personal injuries in Wisconsin is three years from the date of the accident.

Thomas Edward Gates · Answer

If you accepted a settlement from the insurance company you have given up your right to sue.  You have until the statute of limitation runs out to sue.

Farid Yaghoubtil · Answer

In California, you have 2 years to file a lawsuit against an at fault driver. Just know that if you have already signed a release, you will probably be barred from any further action against them.

James Eugene Hasser · Answer

You can't sue the owner of the car, only the driver. However, odds are that you can't even do that if you've already been paid by the insurance company if you have signed a release because it will include the driver and owner.

Alexander Gilburg · Answer

If the incident occurred in California, you have 2 years to sue for bodily injuries and 3 years to sue for car damage.

John Danelon · Answer

The statute of limitations for personal injury in California is 2 years  from date of injury/

Gregory Shurman · Answer

In Georgia, you have two years from the date of your collision in which to file suit.

Paul Whitfield · Answer

Why did the insurance co pay "some" of the bills. Normally they would pay nothing unless you signed a release., if you signed you are done, toast. If you did not sign a release you have 3 years from the date of the collision and you must sue the driver and the owner both of whom are responsible for the operation of the vehicle.

James Kelaher · Answer

The statute of limitations in Florida is 4 years, but make sure you don't settle for some of the stuff and sign a general release, otherwise you can't bring a claim later.

Brian Goldman · Answer

The statute of limitations for personal injuries and property damages is 3 years from the date if the accident.

Erven Nelson · Answer

In Nevada, you must file a lawsuit within two years of the date of the accident.

Briny Woods · Answer

In California, assuming this was a private party and you are over 18 years old, you have 2 years from the accident date to file a lawsuit for bodily injuries

Matthew Kaplan · Answer

Two years for adults.

Sean E. Quinn · Answer

The statute of limitations to bring a personal injury lawsuit in Pennsylvania is two years.  For minors, it is two years from his/her 18th birthday.  Assuming you are over 18 years old and in Pennsylvania, you would have approximately one more year in which to bring a lawsuit.  There is, however, another issue that you need to be aware of as it impacts your right to recover in a lawsuit stemming from car accidents in Pennsylvania and that is your tort status.  Pennsylvania requires insurance policies to have either Full Tort or Limited Tort coverage elected.  Full Tort gives you an unlimited right to sue - even for minor injuries.  Limited Tort gives you a limited right to sue.  You can recover all of your economic losses (ie. lost wages and medical expenses) but can only recover for non-economic losses (ie. pain and suffering) if you've suffered a "serious impairment of bodily injury." In other words, you injuries must be serious and have a significant impact on you in order to get over this hurdle.  I would urge you to contact an attorney as soon as possible.  An experienced Pennsylvania personal injury lawyer will be able to guide you through the process and explain your rights.

John Turck · Answer

You have two potential claims arising out of the crash:  (1) A first-party (a/k/a No-Fault or PIP) claim, the statute of limitations on which is one year. This is a claim you make against your insurance carrier (your no-fault insurer) for things like medical bills, medical mileage, lost wages for the first three years following the crash (up to a statutory maximum), and certain replacement services, among other things;  (2) A third-party claim, which is a claim you bring against the at-fault driver, essentially for pain and suffering and other non-economic damages, as well as economic damages in excess of what you are permitted to recover in the first-party claim. A three-year statute of limitations applies to this claim. Note that unless you suffered what the law defines as a serious impairment of body function (think of it as needing to have been injured badly enough), you cannot successfully assert such a claim.

Kevin Pate · Answer

Before you incur costs of a suit, review your settlement papers. Unless you received policy limits against a claim that exceeded the limits, it is very likely your settlement included a waiver of further action against the insurance and against their insured.

Marc Lazarus · Answer

In California, the time within which to file a personal injury lawsuit against a private party in compliance with the statute of limitations is 2 years.  If there is a government claim, then you must comply with the government claim requirements which are usually much shorter (i.e. 6 months to file an appropriate government claim with the correct governmental entity).

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