Asked 4 months ago - Chantilly, VAFlag
I have a PI case which resulted from an auto accident where the other party was at fault. At the time of the accident I lived in MD but the accident occured in VA.
1. If the case were to go to trial, woudl I be filing in MD or VA?
2. If VA, is this required? Could i not file in MD if I live there?
3. If this claim woudl be filed in VA, I am unclear of the statue of limitations. I have pasted below what i have found relating to this, but am unclear if this claim would relate to the 5 year written contract, or the 2 year injury. Needless to say this is a personal injury as a result of an auto accident, but there is an insurance contract. * What time limit applies?* Virginia 5(written contract) 3 (oral contract) 2 (injury) 5 (property damage)
*PS* I am looking for an attorney.
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The case must be filed either where the accident happened or where the defendant lives.
It does not matter where you live.
The statute of limitations on the personal injury claim is two years.
For any property damage to your vehicle the statue limitations is five years.
It does not matter that there is an insurance contract involved.
Even if the case can be filed in Maryland because the defendant lives there the Maryland court will apply to Virginia statue limitations.
In Virginia, the statute of limitations for personal injury is 2 years from the date of the accident. For property damage, 5 years. The Maryland court, should the defendant reside there, will apply the Virginia statute of limitations.
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Undertanding that missing the deadline for a statute of limitations effectively prevents you from any recovery, it is often best to hedge your bets with the shortest statute period. It sounds like you are on the right track. I would use the Avvo search to find an appropriate attorney. best of luck.
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