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Can an car insurance company sue me for an accident over 12 years ago in which I was driving an uninsured car?

Miami, FL |

I was driving my brothers car but there was no insurance on it. I was involved in an accident and given a ticket. The other party never showed up to court so it was dismissed. I do remember having to get an SR22 for several years after. A lawyer recently contacted me saying he was going to suspend my license if I didn't pay Gieco, and they filed a judgement against me. Is there a statue of limitations onthe amount of time for an insurance company to place a final jugdement against me?

I just researched and found out there was a judgement placed 5 years after the accident in which they named my father instead of my brother. It's status says lapsed, and it expired in 2010. Would this be in my favor?

Attorney Answers 7


  1. If they filed a successful judgment against you back during the initial litigation phase, it potentially can be renewed indefinitely. I would recommend consulting with an attorney to protect your rights and provide options. You can consider bankruptcy (but should also consult an attorney). You might also start by demanding that they provide documentation establishing their valid judgment (without admitting that you agree to the validity). Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. I agree with Mr. Patrick. Your first step should be to consult with an attorney and inform him or her of your situation in greater depth such that you get an idea of what your options look like. Best of luck.


  3. sounds fishy to me. It was probably a debt collector posing as a lawyer. Doubt anyone can do anything after 12 years.

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  4. I agree with my colleagues. Get a lawyer to look into this case. There are two potential issues. Either a judgment was successfully filed and can be renewed every twelve years and or there is a collector that is coming after you with the old judgment.. Get a consumer lawyer ASAP. Do not sleep on your rights. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  5. Did they renew a prior judgment?

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  6. Florida judgments must be properly recorded to be valid and are easily searchable. Also, the department of motor vehicles can suspend a person's license for an unpaid judgment resulting from a crash. Hire a collections lawyer.


  7. Mr. Patrick has provided the most sound advice. I would have answered the same.

    Legal disclaimer: Please note that this answer is not intended as legal advice rather it is meant for informational and educational purposes. No attorney-client relationship is created or is intended to be created by this answer. The answer relates to only Florida law. The facts of each legal matter or issue are different and you are urged to contact a licensed attorney to discuss the specific facts of your case and legal issues. less