How long is the stature of limitations regarding car accidents?
Seattle, WA
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Posted 5 months ago in Car / Auto Accident
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I broad-sided a lady in May of '06 and I got papers today suing me for negligence. It says her health is all messed up as a result, etc. I have a developmentally disabled son and we're both on social security and SSI, so do I just respond to the attorney by telling him that?
Answers (4)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted 5 months ago.
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You should report the lawsuit to the insurance company you had at the time of the accident if you had insurance at that time. The insurance company likely still has a duty to provide you with an attorney.
If you did not have insurance at the time, you likely should review your facts with an attorney. In WA, the time to sue of personal injuries is within 3 years from the date of the incident. If this happened in May '06, you should check whether the expiration of the statute of limitations is a defense available to you. Usually, there is only a short time to respond to a complaint. That time is usually 20 days if you are served in WA. You should not delay in responding in some way. Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 5 months ago.
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As I am licensed in Oregon and Vermont, I cannot comment specifically on Washington law. However, generally, when you are sued and served with the complaint, you need to follow the instructions that you received in the summons which accompanies the complaint. That does not mean calling the opposing attorney.
Assuming that you had car liability insurance at the time you struck the woman, you should contact that insurance company and provide them with a copy of the complaint and summons. I would suggest that you do this by certified return receipt mail so that you have proof that you put your insurance company on notice. I also suggest that you call them on the phone and report it as well and tell them you are sending the papers to them. You should take down the name of the person you spoke with and the date and time for your records. In the interim, you should not give any statement to the opposing attorney. Being on Social Security disability in no way immunizes you from a suit and possible judgment. Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 5 months ago.
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As I am licensed in Florida and Vermont, I cannot comment specifically on Washington state law. Please disregard the claimed licensure in Oregon, as it was a DragonDictate error.
Kyle C Olive
This attorney is licensed in Washington.
Posted 5 months ago.
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The statute of limitations is usually three years from the date of the crash. If can be longer under some circumstances if, for example, the person filing the suit was under the age of 18 at the time of the accident.
If you had auto insurance at the time, they probably have a duty to defend the lawsuit and you should contact your insurer immediately.
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