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Attorney & Mediator
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How long do you have to sue someone after an auto

Resolved Question:

How long do you have to sue someone after an auto accident? I live in the state of Virginia.
Submitted: 9 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 9 years ago.
The statute of limitations for personal injury in Virginia is two years from the date of the accident. For personal property damage it is five years from the date of the accident. You can read a summary of the statute of limitations for Virginia here.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator and 10 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Lawyer, Broker 's Post: How long do you have to sue someone after an auto
Sent to Legal Experts April 20 10:18 a.m.   


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How long do you have to sue someone after an auto accident? I live in the state of Virginia.

Optional Information:
Williamsburg, Virginia

Already Tried:
insurance company declared accident inconclusive. They will not pay. defendant has no good phone numbers or address. I am being sued by the towing company for the storage fees on my vehicle and the other driver is at fault. I am tring to prepare a warrent in debt but need more time to gather information. The accident happened Oct. 21 2006
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for the additional information. I need the following questions answered:

1) Was there a police report and does it contain defendant's contact information or driver's license or vehicle license plate?

2) Does defendant have vehicle insurance?

3) What are the amounts of damages?
Customer: replied 9 years ago.
The answer to number 1 is yes

The answer to number 2 is yes. we both have USAA

The amount of damages is around $6500

He had purchased suplemental insurance with a company called ELCO( he was driving a rental) and thay denied the claim saying the accident was inconclusive. Is this worth me sueing the other driver for my losses. He was issued a traffic sitation for failure to yeild right of way.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your reply.

You have to remember that the insurance company has the goal to convince you that their insurance is not at fault. If you have a police report that states the accident is inconclusive; it means it has no way of telling who was at fault. It does not stop you from suing the other driver, but it does place the burden upon you to prove his negligence. Read the police report carefully and see what it states specifically about liability. You will be able to use the police report as your evidence to place liability upon him; but the court will render the decision whether he is liable or not depending on your arguments.

Whether it is worth suing or not is your decision. If you are not able to get a definite address from the defendant, it will make service of process difficult, but you should be able to get a current address from his driver's license or license plates at the DMV.

I would attempt to settle with the defendant before going to court, to make sure all avenues are used up before filing the lawsuit.

Regarding the storage/tow fees, you are responsible to those fees as your vehicle was towed with the reliance that you would pay the charges. The defendant is not responsible for those expenses against the tow company. However, once you have taken care of the storage fees you can ask the court for these fees as added expenses resulting the defendant's actions.

I suggest you do the following:

1) attempt to settle with the defendant and his insurance company.

2) Settle with the tow company

3) If settlement is not productive, sue and let the court decide.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.