How long does a person have to file a suit against you for an auto accident? 23 Answers as of April 24, 2014

My wife went through a red light that neither one of us could see due to solar glare and struck a car about three years ago. After the officer took both parties info it was brought to our attention that accidents happen there frequently due to that same issue of the sun being in people's eyes. Furthermore, it was in the report that the driver my wife had struck was driving on a suspended license. Now, roughly three years later the passenger of that vehicle is filing suit on negligible operation of a motor vehicle. Were just wondering where to go from here?

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Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Most Personal Injury cases in Massachusetts have a three (3) year statute of limitations. However, there are exceptions. In your case, your wife should notify her auto insurance company immediately. Call them and send whatever paperwork she received to them. They will defend the case or offer anything up to the limits of her coverage to settle the case. They will also determine of the suit was or was not filed within the statute of limitations, which may be a defense. You are free to hire your own attorney to defend the claim if you wish. However, this is exactly why you purchase insurance. I typically represent plaintiffs in these types of cases. In summary, your wife should contact her auto insurance company immediately and forward to them all pertinent information relevant to the accident and especially the claim made against her. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.
Answer Applies to: Massachusetts
Replied: 4/24/2014
Stephens Gourley & Bywater | David A. Stephens
In Nevada it is two years.
Answer Applies to: Nevada
Replied: 4/24/2014
John Russo | John Russo
The majority of jurisdictions is 3 years from date of accident, there are a few States that it is 2 years. So check your jurisdiction.
Answer Applies to: Rhode Island
Replied: 4/22/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Two years is the statute of limitations.
Answer Applies to: Georgia
Replied: 4/22/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Your wife caused the accident. There is no excuse. As long as suit is filed before the Statute of Limitations expires, it is valid. Turn the papers over to your insurance company.
Answer Applies to: Michigan
Replied: 4/22/2014
    Universal Law Group, Inc. | Francis John Cowhig
    The Statute of Limitation is 2 years from the date of the accident for a negligent claim involving bodily injury and 3 years for property damage only.
    Answer Applies to: California
    Replied: 4/22/2014
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    You need to report it to your insurance company. They have 4 years to bring a personal injury lawsuit. Your insurance company should represent you in the matter. Contact them.
    Answer Applies to: Florida
    Replied: 4/22/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    1. There is no such cause of action 2. The statute of limitations on civil claims of this nature is 2 years 3. Give the papers the insurance that was in effect at the time of the accident.
    Answer Applies to: Illinois
    Replied: 4/21/2014
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan the statute of limitations for personal injury suits is 3 years. You should immediately turn the suit papers over to the car insurer you had as of the date of the crash (even if you have a different insurer now) and cooperate with them in their defense of the claim.
    Answer Applies to: Michigan
    Replied: 4/21/2014
    End, Hierseman & Crain, LLC | J. Michael End
    Contact your automobile company right away. They will hire a lawyer to represent your interests, as well as the interests of your insurance company. The time for filing a case is three years from the date of the accident.
    Answer Applies to: Wisconsin
    Replied: 4/21/2014
    Kirby G. Moss PC | Kirby G. Moss
    Statute of limitations is 2 years from date of accident.
    Answer Applies to: Indiana
    Replied: 4/21/2014
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