How long after an incident can you sue the responsible party in small claims court?
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How long after an incident can you sue the responsible party in small claims court?
My pickup was hit while parked at my home. The police were called and she was cited for no insurance. she made one payment. Is it too late for me to sue her in small claims court? It has been 2 months.
Asked on October 20, 2011 under Accident Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the driver who hit your car has auto insurance, you should file a property damage claim with her insurance company. The insurance company should pay for the cost of repairs to your truck.
If she does not have insurance, you can file a lawsuit for negligence against her. In WA, the statute of limitations for filing a property damage claim in an auto accident case is three years. This means your lawsuit must be filed prior to the three year anniversary of the accident.
If you settle the case with the insurance company, NO lawsuit is filed. If the case is NOT settled with the insurance company, your lawsuit for negligence against the person who hit your car, must be filed prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.
Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your truck and court costs. Court costs would include the court filing fee and process server fee.
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