What is the statute of limitations on suing someone for a car accident?
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What is the statute of limitations on suing someone for a car accident?
My friend was on a narrow 2-way street where a big truck was heading in the opposite direction of the car. The truck did not slow down or change direction whatsoever and my friend had to swerve. She hit a wooden fence that surrounded this woman’s property. The woman now calls her up about 4-5 months later saying shes gonna sue her. Is there a statue of limitations on suing someone over this kind of accident?
Asked on June 16, 2011 under Accident Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is a statute of limitations, but its considerably longer than 4 - 5 months. This would be "damage to personal property," and the statute of limitations is 3 years; so any time up to 3 years after the damage, the woman could sue. If your friend's insurer does not handle this fully for her, she should be able to sue the driver, owner, and/or operator of the truck, for the role the truck played in the accident (obviously, only if she can identify who it was and who to sue). This would allow your friend to recover reimbursement or indemnification for any amounts she would have to pay out, and is certainly an option your friend should consider. Good luck.
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