What is the statute of limitations before legal action can be taken from an auto accident?
Sunday, February 5th, 2012 at
7:01 pm
My insurace denied my claim. and Im stuck uninsured from an accident. Would I be getting sued? What is gonna happen now?
I am in Oklahoma
Filed under: Auto Insurance
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Statutes of Limitation vary from state to state. Impossible to say without knowing where you are.
EDIT: Personal Injury: 2 years.
Injury to Personal Property: 2 years.
You should consult an attorney to find out the specific application, but that’s the gist of it.
if the accident was your fault and there was damage or injuries you bet you’ll be sued. i think the limitation is around 2 years.
Currently in Oklahoma it’s 2 years for cases involving personal injury (Okla. Statutes Ann. Title 12, Sec. 95) However, these statutes change, so it’s wise to check to be absolutely certain they still apply.
In some cases, the time differs. For example, if the suit involves property damage only, it might be a shorter time frame, perhaps a year. You didn’t indicate whether there was personal injury or simply property damage so you might need to research this further.
Check with a legal adviser at the Legal Aid Society in your county (if you have one)..
And, yes, if the other party cannot recover damages from your, or their own insurance company, and you are at fault, you can be sued. But perhaps only for the amount they are actually out of pocket if property damage only.
Good luck.
Best of luck.
Your question is too vague. What is "your claim"? If you have insurance that was denied, you are obviously not uninsured, so we need more info to see what is going on. You asked about getting sued, but don’t say anything about anybody else’s claim. Has YOUR insurance denied SOMEONE ELSE’S CLAIM? Then you might get sued. Who’s fault was the wreck.