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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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.
Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information purposes only. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.
You would file where the injury occurred of where the defendant resides. If that's in va then that's where you would file. Contact a va attorney who contributes on this site.
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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File where accident happened. 2 years. Depending upon the amount you sue for, you could file in Federal court if you prefer to Va state court. Leave these issues to your atty. Find someone asap.
2 years for personal injury, and 5 for property. Best bet is to call one of the lawyers in your state who responded above. Good luck.
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