What can be done if a person is trying to sue me for compensation from an auto accident that happened several years ago?

UPDATED: Feb 18, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 18, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can be done if a person is trying to sue me for compensation from an auto accident that happened several years ago?

A friend of mine was involved in a car accident 2 years ago. The other party’s car hit her car from behind. At that point of time, no party was injured. And now, the other party is suing my friend for the loss of ability to work and trying to make my friend pay for his future medical bills and living expenses. It is apparent that there was nothing wrong with the person and the insurance company denied any claims for injury. What can be done in this situation?

Asked on February 18, 2012 under Personal Injury, Kentucky


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since this was a rear-end collision, the party who rearended your friend is at fault in the accident.  The at-fault party has no claim against your friend for either property damage or personal injury.  Your friend should contact the auto insurance company she had at the time of the accident.  The auto insurance company will handle the lawsuit and will provide your friend with an attorney at no cost to her.  The attorney will file a motion for summary judgment which means that the other side cannot prevail and will then ask the court to dismiss the case.< Since the accident happened several years ago, it is possible that the statute of limitatiions has expired.  The applicable statute of limitations varies from state to state.  If it has expired, the lawsuit is barred by the statute of limitations and this issue will also be raised by your friend's attorney in seeking dismissal of the lawsuit./p>

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption