Can I sue for the damages from the accident if the accident happened when she was a minor and now she is 18? 16 Answers as of April 05, 2013

I was in an accident with a minor in 2012. She didn't have insurance.

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
If you are talking a car crash, you have 1 year to make your PIP claim against your own insurer or 1 year to sue your insurer from the date of any unpaid benefits and 3 years to sue any owner/driver of a car that negligently caused you injury. The age of the defendant is not material to your statute of limitations.
Answer Applies to: Michigan
Replied: 4/5/2013
Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
Yes you can sue for your injuries as the statute of limitations is two years. However, if she does not have insurance then you should file a claim with your insurance company under your uninsured motorist coverage.
Answer Applies to: California
Replied: 4/5/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
You would have two years from the date of the accident to file suit against the minor. Note that even if she has insurance now, that would not cover her for the accident where you were injured.
Answer Applies to: Ohio
Replied: 4/4/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
See an attorney for your possible avenues of recovery. You are running under a number of misconceptions.
Answer Applies to: Michigan
Replied: 4/4/2013
Stephens Gourley & Bywater | David A. Stephens
Yes.
Answer Applies to: Nevada
Replied: 4/4/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Assuming you had insurance a better option would be a claim against your own uninsured motorist coverage.
    Answer Applies to: Illinois
    Replied: 4/4/2013
    Gates' Law, PLLC | Thomas E. Gates
    You may sue her for damages. Given her age, she will likely have little resources to pay for any judgment.
    Answer Applies to: Washington
    Replied: 4/4/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    You can bring an action, could have already brought an action. The question is whether there is any reasonable potential to recover your damages even if you prevail. Does the responsible party possess any ability to pay your damages? While there are exceptions to general rules, a failure to carry mandated automotive insurance is typically a signal of a person with extremely limited assets. When minimal assets do exist, these are often ones which are exempt from attachment.
    Answer Applies to: Oklahoma
    Replied: 4/4/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Sure you can but fat chance you will collect anything if there is no coverage.
    Answer Applies to: North Carolina
    Replied: 4/4/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under Michigan law, you can sue until the three year anniversary of the accident, however if she DoD not have insurance, what are you going to get? If you had uninsured motorist coverage, claim against that, instead.
    Answer Applies to: Michigan
    Replied: 4/4/2013
    Robert Butwinick | Robert Butwinick
    If she was uninsured, your better option may be to pursue an Uninsured Motorist claim through your auto policy or the policy of resident relative, assuming either of those are available. I recommend that you consult with an experienced injury lawyer to explore the options.
    Answer Applies to: Minnesota
    Replied: 4/4/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    Yes, you still have a claim despite the fact that the person who caused your injuries was a minor and has now become an adult. If that individual did not have auto insurance, you should check with your auto insurance company to see whether you have uninsured motorist coverage. If so, you can present your claim to them.
    Answer Applies to: Georgia
    Replied: 4/4/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    The North Carolina statute of limitations for a case like this is three years. If she didn't have insurance, you should contact your insurance company to see if you can make a claim under uninsured motorist coverage that you may have.
    Answer Applies to: North Carolina
    Replied: 4/4/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    The time to sue the minor is 2 years from the date of the accident. The fact she was a minor does not stop the statute from running. If she doesn't have insurance, I'm wondering what the point is, though. How would you collect? You are better off making an uninsured motorist and collision claim with your insurance company and let them worry about if and how they would get their money back.
    Answer Applies to: Alabama
    Replied: 4/4/2013
    Mark G. Patricoski, P.C. | Mark G. Patricoski
    Yes.
    Answer Applies to: Illinois
    Replied: 4/4/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, but you can (and should) sue the owner of the vehicle, and since you have to be 18 to own a car, you should sue the owner. If she didn't have insurance, then check to see if you have uninsured motorist insurance and you can collect from you UM insurer, and they'll go back against the owner of the car to recoup their money.
    Answer Applies to: Florida
    Replied: 4/4/2013
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