QUESTION
Would I still have a case to sue for a hit and run accident?
Asked on Sep 08th, 2011 on Personal Injury - Florida
More details to this question:
The accident happened approximately 3 to 4 years ago. It's not clear on exactly who the driver was because he was driving a car that did not belong to him. He settled for $1200 from the auto owner because I know what the driver looks like and it was not the auto owner. The $1200 was out of court because the owner did not have insurance, but was out of the country at the time of the accident. It is believed by the auto owner and I that the man driving that night is someone's nephew. I called various lawyers, where the accident occurred, and no one would help me. I do not know the guy's name who hit my car but I know his face. The guy driving also offered me cash to leave the scene because he said he was intoxicated.
15 ANSWERS
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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No case. It is barred by two year Statute of Limitations.
Answered on Jun 25th, 2013 at 12:53 AM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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If the accident was over three years ago, the statute of limitations has run. You won't be able to pursue a claim. It sounds like a difficult case even if the statute of limitations hasn't run because there may not be any insurance that could pay your claim even if you could identify the driver and prove he had permission to use the vehicle.
Answered on Sep 15th, 2011 at 10:54 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You have three days from the date of the accident to file a suit, so it may be too late. If you have auto insurance and if the time hasn't run out, you can file a "john doe" suit against the unknown driver and your uninsured motorist coverage will pay any judgment up to your policy limits. If you have no car insurance, you must produce evidence as to who caused the accident, and sue him or them.
Answered on Sep 15th, 2011 at 5:13 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The statute of limitations is 3 years.
Answered on Sep 14th, 2011 at 1:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say what your damage was. I assume you are talking only about property damage. You have a 3 year statute of limitation in any event.
Answered on Sep 14th, 2011 at 1:05 PM
From your statements, it is not clear whether you sustained any injuries or property damages from the accident but were onlya witness. If so, you probably have no cause of action against anyone involved in the accident. Moreover, the state's statute of limitation has probably expiredon any action you intend to bring involving the 3 or 4 year accident.
Answered on Sep 14th, 2011 at 1:03 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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It is not clear what happened? But it looks like, you have a possible uninsured motorist claim (UMC). You, normally, only have 3 years to sue under UMC.
Answered on Sep 14th, 2011 at 1:02 PM
Steven D. Dunnings
The statute of limitations is three years. If you have not filed an lawsuit within three years of the accident, you can't file.
Answered on Sep 14th, 2011 at 1:02 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If the accident happened in New York and you were over 18 years if age at the time, then it is too late to sue.
Answered on Sep 14th, 2011 at 12:05 PM
It would be important to know when the accident occurred. In Utah, the statute of limitations for claims on an uninsured motorists insurance police is three years. The statute of limitations for negligence is four years. If the other driver didn't have insurance, and the accident happened over three years ago, you probably don't have a case. You should contact an attorney as soon as possible to find out if you have a viable case.
Answered on Sep 14th, 2011 at 11:56 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The Statute of Limitations in Montana for personal injury is 3 yrs from the date of the crash. However, if you had significant injuries, why did you wait so long? If you sit on your rights, you usually lose.
Answered on Sep 14th, 2011 at 8:37 AM
4 Awards
The time limit to sue for damages in Louisiana is one year from the date of the accident, with some exceptions. From your description of the facts, it would appear that your time to sue has long passed.
Answered on Sep 14th, 2011 at 8:20 AM
Under Virginia law, the statute of limitations for most personal injury claims is two years. Unless you were a minor at the time, your time limit has probably expired. You should check with an experienced injury attorney to confirm the statute of limitation s in your case.
Answered on Sep 14th, 2011 at 8:02 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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In Louisiana, you have one year from the date of the accident to settle any claim you may have or to file a lawsuit against all liable parties. If you do not file suit within one year from the date of the accident, then you lose your legal right to recover from the liable parties. Since it has been 3 or 4 years since the accident, it does not appear that you have a legal right to recover against any party who may be responsible.
Answered on Sep 14th, 2011 at 8:02 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you have uninsured motorist insurance, you could make a claim under that for a hit and run accident. The statute of limitations for uninsured motorist claims is 5 years, and for a claim against the owner or the driver of the vehicle at fault, it is 4 years. I would call some other lawyers.....
Answered on Sep 14th, 2011 at 7:47 AM