Is there a time frame to suing when you are in a accident with injury

2 views 3 answers
I was hit by a motorcycal May 29, 2006 and sued the insurence of the bike owner and now I would like to know if I have time to sue the person that was riding the bike that hit me insurence for the pain and suffering I am still dealing with.

Attorney Answers

3
Andrew Myers ·
Lawsuits, unless for bad faith conduct by an insurance company, are generally brought against the individual owner and/or operator of the vehicle that caused an accident. After directly bringing an action and serving the defendant, then the insurance company has an obligation to defend. So, it is tough to know how to answer the question. Consult with an attorney in your jurisdiction about the facts and circumstances no later than today because the New York statute of limitations in a negligence case is three (3) years, This would have run approximately ten (10) days ago. There are some exceptions, for example in the case of minors and under the "relation back" doctrine if you in fact have a pending lawsuit. I am licensed only in Massachusetts and New Hampshire. Law Offices of Andrew D. Myers, North Andover, MA - Derry, NH. However the idea of statutes of limitation is relatively universal. Here is an article:
0 upvotes
Eric Rothstein ·
In New York, for an adult, the statute of limitations for a personal injury case against a non-governmental entity is three years from the date of the accident. Therefore, unless you are a minor, it sounds like the statute of limitations expired in 2009.
0 upvotes
Joseph Jonathan BrophyEthics / Professional Responsibility LawyerWhite Plains, NY ·
If you had a lawsuit in NY arising from an accident, you sued the owner and/or the operator of the bike. The insurance company may have then defended them, but in NY you never sue the insurance company directly. You only get one bite at the apple, so to speak. And, as Eric stated, the statute of limitations in NY is 3 years for personal injuries, with a possible extension if the victim was under 18 at the time.
0 upvotes