My daughter was in a car accident on 08-14-2008 is it to late for me to file a small claims case against them.

This is a intersection accident where each party driving claims the other person ran the red light. My daughter has a witness but the police say the fact that we know her (25 years ago) does not maker her a credible witness. What they are offering to pay will not come close to paying for the damages to our vehicle, our insurance company has already denied his claim. Is it to late for me to file a small claims case against this insured.

Asked on May 26, 2009 under Accident Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Colorado lawyer, but I am pretty sure that you would have at least a year after the accident to sue.  In most states, the statute of limitations on an auto collision case is two or three years.

What I'm not sure of, is whether you should be doing this in small claims court on your own.  These types of accident cases often come down to credibility and witnesses, and that is the sort of thing where a lawyer's skill and experience can make a very big difference.  To find an attorney near you, one place you can look is our website, http://attorneypages.com


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