QUESTION
If I was in a car accident in 2011, can I still sue the owner of the car for not having insurance?
Asked on Apr 08th, 2014 on Personal Injury - Michigan
More details to this question:
I was the only survivor of the car accident and one of the registered owners of the car was driving at excess of 100 miles an hour. I'm over $100,000 in debt for medical bills. Can I still sue the remaining owner of the car?
13 ANSWERS
Contact an an attorney in the State you live.
Answered on Apr 10th, 2014 at 7:01 AM
In California there is a two year statute of limitations for auto accident, so it is too late to sue anyone. The non-driver owner of the vehicle would be liable with the driver for only the first $15,000 in damages.
Answered on Apr 10th, 2014 at 7:01 AM
Edwin K. Niles
The statute of limitations for injuries is two years. There are some exceptions; see an injury lawyer ASAP.
Answered on Apr 09th, 2014 at 8:48 PM
Ronald A. Steinberg
More info is needed.
Answered on Apr 09th, 2014 at 8:13 PM
Thomas Edward Gates
You can but do not expect anything. They will not have the assets to pay you.
Answered on Apr 09th, 2014 at 2:30 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You can certainly sue the owner. Want to tell me why you were riding with a person at 100 mph. jury or defense lawyer might wonder about that.
Answered on Apr 09th, 2014 at 2:29 PM
James Eugene Hasser
In Alabama, you had 2 years from the accident to sue the driver. If there was another owner not involved with the driving, that owner would not have any liability. However, if the driver of the car you were in did not have enough insurance, you can still file an underinsured motorist claim under your own policy or policies. You have 6 years to do that. Consult an experienced personal injury lawyer.
Answered on Apr 09th, 2014 at 1:43 PM
You have 3 years to file a personal injury lawsuit against the person who hit you.
Answered on Apr 09th, 2014 at 1:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Potentially, however you are quite late and may already be passed to the relevant statute of limitations for making the claim.
Answered on Apr 09th, 2014 at 1:42 PM
Monica Cecilia Castillo-Barraza
In California, there is a 2-year statute of limitations for a personal injury lawsuit, starting from the date of the injury, or when it was reasonably discovered. You should consult with a local personal injury attorney.
Answered on Apr 09th, 2014 at 1:42 PM
Consumer Law Attorney serving Denver, CO
at
Chalat Hatten & Banker PC
Update Your Profile
The statute of limitations for a motor vehicle accident in Colorado is three years, you must file your lawsuit within three years of the accident or lose your right to do so. So it depends upon when during 2011 the accident occurred - if it was after 4/9/11 then you can still file a lawsuit but you should act quickly.
Answered on Apr 09th, 2014 at 1:42 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
Update Your Profile
In Washington state, you have three years to file a suit arising out of an automobile accident. However, if the defendant driver had no insurance, and has no appreciable assets, filing suit against him or her may be a waste of time and money. On the other hand, if the defendant driver was under the influence of alcohol or drugs, then he or she would not be able to discharge the debt in bankruptcy.
Answered on Apr 09th, 2014 at 1:41 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
Kinda' sounds like this isn't really a Michigan question as your medicals should be paid by your own vehicle insurer or another vehicle insurer in the list of priority per the Michigan statute. Of course, a *written *Application for Benefits (AFB) had to have been turned in to the insurer (or list of possible insurers) within 1 year of the crash, or your claim would be untimely. You may certainly sue any at fault driver, and any owner who gave permissive use of the vehicle to the negligent operator, for your pain and suffering. Whether there is coverage and/or assets is a separate issue, but relevant to whether you will likely be able to collect on any damage award you receive. You have 3 years, in Michigan, to file such a claim.
Answered on Apr 09th, 2014 at 1:40 PM