Car accident case dismissed but need help

Asked 7 months ago - Fremont, CA

I was involved in an accident in 2009. The other party filed as case against me in 2011 but later dismissed the case without prejudice. I believe they got their money from their insurance. Now the insurance company filed a case against me but when I fought back they dismissed the case with prejudice. Can the original party still file a case against me because they dismissed the case without prejudice.

Attorney answers (8)

  1. David Lee Fiol

    Contributor Level 16

    8

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Since their insurance company filed suit against you it must have compensated the other party as you suspect. When that happens they have forfeited their right to sue you and assigned it to the insurer. The only claim the other party would have would be for their deductible, if even that, so their claim would not be significant. Even more importantly the statute of limitations for personal injury claims has expired, and if this is about damage to the car it may have expired (it is 3 years).

  2. Michael David Myers

    Pro

    Contributor Level 17

    10

    Lawyers agree

    Answered . Speak with an attorney to determine whether the statute of limitations has run.

  3. Jannik Patrick Catalano

    Contributor Level 10

    7

    Lawyers agree

    Answered . It's a two year limitation to sue on this type of matter, so this appears problematic, and needs to be looked at by a professional.

    Also, the ability to sue would depend on the release (if one was even signed).

    The case is dismissed per your question, so it doesn't appear to be a present issue, but things don't quite add up so you should consider talking to an attorney to assess the situation.

    Good luck!

    Legal disclaimer: PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer... more
  4. Christopher John Gansen

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . HAVE you been sued again? If not, what's the problem?

  5. Nareg Sarkis Kitsinian

    Contributor Level 8

    6

    Lawyers agree

    Answered . The statute of limitations for a personal injury claim (2 years) has likely already run. However an experienced attorney can look into the matter and give you a more definite answer.

  6. David Ian Schoen

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your facts are unclear. In order to give you a meaningful response you need to provide clearer details as to what happened.

  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You are OK. Four years have elapsed. Both the SOL for personal injuries (2 years) and the SOL(3 years) for property damage have expired. You are free to go about!! Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Have a local lawyer investigate the situation

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,433 answers this week

2,769 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,433 answers this week

2,769 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary