What is my liability for a car accident that I had 2 years ago when I was uninsured?
Question Details:
I had a car accident 2 years ago which was my fault. I didn't have insurance on my car so I had to pay for the damages on the other person's car myself. However, after about a month they said that I didn't need to pay because the car wasn't insured under the driver's name and the other person didn't want to fix the car. But a week ago, I got a letter from a collection company stating that I have to pay $1900 for the accident (from 2 years ago). First of all, I want to know how is this possible that they never contacted me in all of this time; and secondly, how should I know if this is a legitimate claim? Also, is there anyway that I can negotiate for less if I am liable; I'm a student.
Auto Accidents Law Answers
The statute of limitations for property damage is three years. So, yes, they can go after you two years later. You have defenses you can assert if the information you provided is accurate and your can prove it. It seems they waived the right to collect, or may be estopped from asserting a claim after telling you they wouldn't and therefore depriving you of the right to get a better deal on the repairs. There may be others, but of course it would require you to say "sue me" and see how they played out. On the other hand, though, they give you a basis for negotiating a settlment. As for determinining the legitimacy of the claim, you have the right to ask them to provide proof.
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