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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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A vehicle i owned was involved in an accident in 2004. No tickets

Resolved Question:

A vehicle i owned was involved in an accident in 2004. No tickets were cited and now 41/2 years after the accident a suit was filed against me for not having insurance. I believe the statute of limitations has expired. Can I have this case dismissed. The property value was $2,200
Submitted: 8 years ago.
Category: Legal
Expert:  JB Umphrey replied 8 years ago.
Thank you for using JustAnswer!

Are you saying that you have just been charged with the crime of not having insurance for back in 2004?
Customer: replied 8 years ago.
Yes i recieved the summons in february, the suit was filed in december 2008. The property damage/ accident occured in may of 2--4
Expert:  JB Umphrey replied 8 years ago.
What state did the accident occur in?
Customer: replied 8 years ago.
Expert:  JB Umphrey replied 8 years ago.
Maryland law provides the following at Cts. & Jud. Proc. §§5-106

§ 5-106. Prosecution for misdemeanors; manslaughter by automobile, motorboat, etc.; homicide by motor vehicle.

(a) In general.- Except as provided by this section and § 1-303 of the Environment Article, a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed.

Therefore, from the facts that you described, it would seem that you should be able to request a dismissal due to the statute of limitations having passed.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 8 years ago.
I am refering only to personal proprerty damage, not bodily harm. will these statutes still apply?
Expert:  JB Umphrey replied 8 years ago.
I'm sorry, I thought you replied that you were being criminally charged with a crime.

Are you being charged with a crime or are you being sued in civil court for vehicle damage?
Customer: replied 8 years ago.
civil court for vehicle damage. Sorry for the confusion
Expert:  JB Umphrey replied 8 years ago.
What's the theory of liability? Negligence?
Customer: replied 8 years ago.
Negligence was on the part of the person driving my vehicle. I was not driving. I have a police report stating my vehicle was at fault for striking a parked vehicle.
Expert:  JB Umphrey replied 8 years ago.
Thank you. Maryland law at Cts. & Jud. Proc. § 5-101 provides:

§ 5-101. Three-year limitation in general.
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

So, if the accident occurred in 2004, the statute of limitations expired in 2007. The passing of the statute of limitations is an affirmative defense and should be plead in the first responsive pleading. From the facts you described, it is a valid basis to request a dismissal early on.
JB Umphrey and 2 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Thats what I thought thanks for the help. Is 5-101 the maryland annotated code I should cite?
Expert:  JB Umphrey replied 8 years ago.
Yes, indeed. Good luck!