Is it too late to sue for more claims on an accident that happened five years ago? 28 Answers as of October 28, 2011
If I was in an accident almost 5 years ago that was not my fault and the other party's insurance gave me a settlement for the car only because it was totaled. However my car was paid for and the amount they gave me was only enough to put a down payment on another car. Is it too late to sue for any other claims?Free Case Evaluation by a Local Lawyer!
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David Hoines Law | David Hoines
Yes, since you have settled.
Answer Applies to: Florida
Replied: 10/12/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
You probably signed a release when you settled with the insurance company in full satisfaction of your claim. This would bar you from any future claims. I can't imagine an insurance company settling without such a release.
Answer Applies to: New York
Replied: 10/7/2011
AyerHoffman, LLP | David C. Ayer
Yes. First, in Massachusetts there is a three year statute of limitations for claims of your type. After three years you can no longer sue on the issue. Second, when there is a settlement, especially with an insurance company which engages in settlement negotiations on a regular basis and has established processes in place, there is a waiver of all future claims arising out of the incident causing the harm. It is almost certain you signed a waiver before they paid your settlement. Your personal injury attorney should have explained this to you before you signed the waiver.
Answer Applies to: Massachusetts
Replied: 10/6/2011
The Margolis Firm | Charles J. Candiano
The statute of limitations on personal injury actions in Illinois, against a private party, is 2 years unless you were a minor in which case it was your 20th birthday.
Answer Applies to: Illinois
Replied: 10/6/2011
Law Offices of Richard Copeland, LLC | Richard Copeland
Probably so. The statute of limitations for your personal injuries expired at the end of three years. You've already settled the property damage claim, so that is not an option.
Answer Applies to: Colorado
Replied: 10/6/2011
Klisz Law Office, PLLC | Timothy J. Klisz
Yes, it's too late. There is a 3 years statute of limitation.
Answer Applies to: Michigan
Replied: 10/6/2011
Coulter's Law | Coulter K. Richardson
If your other claims are some form of personal injury then you are out of time.
Answer Applies to: New Jersey
Replied: 10/6/2011
Law Office of Jared Altman | Jared Altman
Probably, unless you were under eighteen years of age at the time. If so, then there's a chance that you may still have time.
Answer Applies to: New York
Replied: 10/6/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Normally, the statute of limitations requires commencement of a lawsuit for most types of personal injuries within three years of the collision.
Answer Applies to: Washington
Replied: 10/6/2011
Lombardi Law Firm | Steve Lombardi
I can't say for sure but it appears the statute of limitations has run. The statute of limitations for property damage is 3 years and for an unwritten contract 5 years, a written contract 10 years and a personal injury case normally for an adult 2 years. If a minor then 1 year from the date of the age of majority.
Answer Applies to: Iowa
Replied: 10/6/2011
Oliver Law Office | Jami Oliver
Ohio has a two year statute of limitations for auto accident claims. Sometimes that may be "tolled;" for instance, if the at-fault driver or "tortfeasor" is in prison or out of the jurisdiction for a period of time. However, without something like that to extend the two-year time period, you are probably out of luck.
Answer Applies to: Ohio
Replied: 10/6/2011
Andrew T. Velonis, P.C. | Andrew Velonis
The statute of limitations is three years.
Answer Applies to: New York
Replied: 10/28/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Your state's statute of limitation may have run on your claim. Consult with a plaintiff'saccident attorney for advice.
Answer Applies to: Indiana
Replied: 10/28/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
It's too late. First of all, you settled and when you did, you signed a release in full. Secondly, the statute of limitations is 3 years.
Answer Applies to: North Carolina
Replied: 10/6/2011
Hostetter & O'Hara | Matthew E. Dumas
Yes. The statute of limitations is 2 years.
Answer Applies to: Indiana
Replied: 10/6/2011
Kelaher Law Offices, P.A. | James P Kelaher
The statute of limitations for simple negligence in Florida is 4 years. It is too late to sue for other property damage.
Answer Applies to: Florida
Replied: 10/6/2011
Chalat Hatten & Koupal PC | Linda Chalat
You will not be allowed to file a claim in Colorado more than three years following a motor vehicle accident for injuries or losses arising from the accident. You also are probably barred by the settlement agreement which the insurance company required you to sign at the time of the settlement of the claims. These agreements will clearly release the insured and insurance company from future claims arising from the same accident.
Answer Applies to: Colorado
Replied: 10/6/2011
Patrick M Lamar Attorney | Patrick M Lamar
Yes, the statute of limitations is two years for personal injury. If you did not sign a release you might could sue to get more property damage that statute is six years. However, it would be highly unusual to have not have signed a release for the check.
Answer Applies to: Alabama
Replied: 10/6/2011
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
The statute of limitations on a property damage claim like yours in Oregon is 2 years from the date of the collision. You are most likely out of luck.
Answer Applies to: Oregon
Replied: 10/6/2011
Law Office of Russell D. Gray, PC | Russell D. Gray
In Utah, the statute of limitations for an automobile accident is 4 years. Unless you were a minor at the time of the accident, the statute of limitations has passed and you can no longer bring suit.
Answer Applies to: Utah
Replied: 10/6/2011
Craig Kelley & Faultless | David W. Craig
Typically you only have two years from the date of the wreck to file a lawsuit for your injuries. This can be extended if you are mentally incompetent or under age of majority.
Answer Applies to: Indiana
Replied: 10/6/2011
Shaw Law Firm | Steven L. Shaw
Probably. The statute of limitations in Washington for property damage and personal injury claims is three years.
Answer Applies to: Washington
Replied: 10/6/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
It is too late. Both for time limits and it appears you entered into settlement which generally requires a waiver of future claims.
Answer Applies to: California
Replied: 10/6/2011
Law Office of Mark J. Leonardo | Mark Leonardo
If this happened in CA the statute of limitations is 2 years.
Answer Applies to: California
Replied: 10/6/2011
The Law Firm of Shawn M. Murray | Shawn M. Murray
Yes, from what you have related it sounds as though it is too late for you to sue, particularly in light of the fact that you accepted a settlement. In Louisiana, the general rule is that claims for personal injury prescribe (expire) one year from the date of the accident.
Answer Applies to: Louisiana
Replied: 10/6/2011
D T Pham Associates, PLLC | Duncan T Pham
Yes. Statute of limitations on car accidents is 2 years.
Answer Applies to: Texas
Replied: 10/6/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
It may not be too late if you received payment from the insurance company and they did not warn you in writing that your claim must be resolved within 2 years of the accident date.
Answer Applies to: Oregon
Replied: 10/6/2011
