QUESTION

Is there statute of limitation on filing a wrongful death?

Asked on Jun 07th, 2012 on Personal Injury - Massachusetts
More details to this question:
My son was killed in an accident several years ago. The person who killed him was driving a stolen car but was related to the person who owned the car. Is the a statute of limitation on filing a wrongful death suit?
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1 ANSWER

Personal Injury Attorney serving Boston, MA
2 Awards
Typically, in Massachusetts one has 3 years to make a claim against an at fault driver for negligence. However, in this instance, the issue of the car being stolen could change things. If the defendant owner can show the car was stolen, the insurance on the vehicle may not be applicable, and you may not be able to reach it. If that is the case, it does not mean that you are out of luck. In situations of hit and run, stolen vehicles, etc., you can look to household policies for coverage. If, at the time of accident, your son owned a car, then you could possibly make a claim through the uninsured section of his policy. If your son did not have a car, then one could look to any blood relative household policies of relatives living with your son at the time of the accident. In other words, if your son lived with you and you owned a car, a claim could be made through your policy. In these instances, that is, seeking coverage through the uninsured portion of a policy, would then be a 6 year statute of limitations, not 3.
Answered on Jun 15th, 2012 at 2:53 PM

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