What is statute of limitation on filing a personal injury claim ? Can an insurance company sue me three years later.

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I was involved in an accident. I rear-ended a brand new Lexus. This happened in Dec. 2011. I feel like the victim. First of all, this lady went from 55 mph to a complete stop for no apparent reason.(I found out later it was so she did not hit a tumble weed that was going down the sidewalk no where near her car I seen the tumble weed.) I was at least 4 car lengths or more behind her. She said she seen me tailgating her in her mirror. If that's the case why would she come to a complete stop like that for a damn tumble weed ( with her kids in the car she should be charged with reckless endangerment if she seen me tailgating right? Anyways what are my options can I counter sue her? The police did not give me a ticket or anything I had no insurance just bought the car the day before.

Attorney Answers

9
Arnold Gross ·
The statute of limitations to present a bodily injury claim in a car accident is 2 years. That being said, since you did not have insurance the other driver must have filed a claim under her uninsured motorist provisions of her automobile policy. After her insurance company settles with their insured, the company has the absolute right to pursue the uninsured motorist (you) to recover the benefits paid. The statute of limitations on such a subrogation action does not commence until the uninsured motorist claim is settled. You should retain counsel to defend you, since the insurance company must prove fault and that the monies paid were reasonable and necessary in the UM claim. You cannot countersue, since the statute of limitations for direct claims has passed. And the other answers are correct. A party rear ending another is generally at fault.
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Jeffrey Hughes ·
The answer to your question is yes. In California the Statute of Limitations for a personal injury claim is two years, but for property damage it is 3 years from the date of loss. If you had a vehicle prior to the new vehicle you purchased that was insured, the new car may be covered for up to 30 days. You should check with your insurance company that you had for the prior car. Regards, Jeffrey Hughes
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Athina Karamanlis PowersIdentity Theft LawyerBeverly Hills, CA ·
Need more facts but: California requires an injured person to file a claim for personal injuries within two years of the date of the injury. If you are accused for issues like fraud or something similar that statute can be tolled or extent to 3 years
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John N. DemasCar / Auto Accident LawyerSacramento, CA ·
If this accident occurred three years ago, the statute of limitations very well may have expired on any claim that the other party would have already. However, if the insurance company is suing you, it is likely for “subrogation” – to get back any money that they have spent to repair her vehicle, pay her medical bills, etc. The time limitations are different in that scenario. I would definitely consult with a personal injury attorney to see if you can fight liability on this claim. Also, if you had insurance on any other vehicle, it may provide coverage for the vehicle you had purchased the day before the accident. Many policies have provisions to cover new vehicles for periods ranging from 10 to 30 days after they are purchased.
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Anthony Coveny ·
Unfortunately, in most cases, why she stopped is not that important. The onerous is on the car behind to keep a significant enough distance to prevent an accident. But, every case is fact specific so I recommend you contact a local auto accident lawyer!
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Robert Kopelson ·
You were uninsured. The other driver's ins co paid her for her losses under uninsured motorists coverage. The other ins co has 3 yrs from the date they settle or resolve the uninsured motorist claim. You can defend and counter claim for damages. That being said, you have a weak theory of liability, but it could give you some bargaining power. You should get documentation of your damages, and meet with an atty.
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John Bisnar ·
Two year statute of limitations on bodily injury and three years on property damage. If you are being sued by the other party's insurance company, their statute of limitations doesn't start until they have paid their clients' claims. Your statute of limitations has passed for suing her. You can certainly defend against the claim and the amount of the claim. Depending upon the amount of the claim, you may be well served to hire a skilled personal injury defense attorney. If you had insurance on your former vehicle, it may cover this collision and save you from losing your license. Check the terms of your previous auto insurance policy if you had the newly acquired vehicle 30 days or less before the collision.
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