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Can I sue for injuries from car accident after a year has passed?


My boyfriend got into a car accident a year ago (may 1st, 07). We have police report stating that it was another guy's fault ( and it really was). He tried submitting a claim to my boyfriends insurance company, but they declined, and he kinda went away. In exactly a year he has put another claim to the insurance company, and they declined again. My question is - can he sue my boyfriend directly ( not through insurance) if it already has been over the year since the accident?

There should be a statute of limitations on this. It is probably something like 5-7 years, but that is the time to lodge the application.

Yes, he can sue, American's believe that they have the right to sue over nearly anything and look like complete idiots when they are in other countries attempting to sue.

So he could lodge a legal application, however his legal counsel is required to tell him that he would have very little chance of success. So it is unlikely that he would sue.

He can sue you directly or go after the insurance company, obviously you are the weaker target and would go for you directly, then you would have to go to your insurance company and get them to pay.

Basically, don't worry until it happens.

If it was documented that it wasn't your boyfriends fault, I don't see how he could in any way sue his insurance company and certainly not your boyfriend himself. You say the police report says it was "another guy's fault", do you mean it was the guy who is trying to sue your boyfriend, or even another person was involved in this wreck? If the accident was this guy's fault and it is said in the police report, I just don't see any way possible that he could sue. If there was a 3rd party to this wreck and it was his fault, I'm guessing he didn't have insurance so that would be why he's coming after your boyfriend who did have insurance. Still, either way, of course this guy can sue, but no, he cannot win.

Yes, he can sue your boyfriend directly. Of course he can. Your boyfriend should then get the paperwork to his insurance company and they will hire an attorney to defend him.

Statutes of limitation vary from state to state. In NY, for example, you have 3 years to file a lawsuit for a negligence case.

I dont think he could sue him directly even if it was before the year. if it was his fault any injuries would be his responsibility. also i dont think you can sue a driver directly it always go through your insurance thats what you pay them for.

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