at fault party was driving her fathers car which they let insurance expire on 7/17/15, accident happened 7/19/15. my daughter has medical bills, tow bill, and out a car.daughter is in college. we had liability and pip on her car
there may be a grace period despite the lapse in coverage that would allow the ins coverage benefits to be applicable. However, more facts would be needed to form an opinion
You have four years from the date of accident to file suit against the at-fault party and vehicle owner. If the claim is against your uninsured motorist coverage, the statute of limitations is 5 years. (All this assumes we are talking about a florida accident)
As an aside, there are a lot of considerations which an experienced attorney can evaluate for you. Have you looked into whether the driver had her own car? Is there uninsured motorist coverage on your daughter's car, or if not in a car she owns, then possible coverage under uninsured motorist coverage of another resident relative policy. Have you reported the lack of coverage to the state and had the owner and driver's license suspended. There are many considerations which an attorney can answer for you.
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