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Car accident in 2006.

Atlanta, GA |

I was in a car accident about three years ago. I had full coverage including everything except medical. The person that hit me fled the scene. I had an eyewitness and my car was totaled. The car insurance paid for the damages, but I was unaware that I could file a claim with my insurance company under the insurance I had. I had comprehensive, collision, property damage liability as well as bodily injury liability including uninsured motorists no offsett. That included bodily injury as well as property. I read that in the state of Georgia, you have up to four years to file a claim on the case. Is this worth me filing a claim knowing that the insurance company should have paid more due to the hit and run?

I am asking this question because I was in a similar accident recently. When I was told that I could file a claim against my insurance company (due to the other car left the scene). I contacted a lawyer about this claim and I have yet to ask him. I want to know if I could file a claim on the 2006 accident because both accidents were the same. Both persons left the scene and I was not at fault due to my insurance company investigation, my witnesses, and proof that I did not cause it. Please help someone :-(

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Attorney answers 1


The statute of limitations on Uninsured Motorist John Doe claims is two years unfortunately. (please note that there was huge change in the law 9/28 so read about the change to Georgia Statute of Limitations from the link below.) That said the change will not affect your case because they never located the driver.

Unfortunately the statute of limitations on your case ran out two years ago unless the uninsured motorist policy you had at the time was issued to you in another state and then there may be a chance. For instance, a Florida issued policy would have a four year statute I believe but you would sue the UM insurer directly in Florida.

Bottom line is if the policy was issued in another state, then contact a lawyer asap in that state. If issued here in Georgia, based on the limited facts you have presented, the old claim is likely time barred.

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