Can someone claim a auto accident 4 months later
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Can someone claim a auto accident 4 months later
About 3 months ago, my husband was moving our van and hit a parked car in our parking lot. There was no insurance and license for him. The van had been stolen few weeks back and his id got
stolen. So the owner of the vehicle we hit agreed we just pay him cash $440 to cover the damage. He called police and ended up canceling before they arrived. I gave him my id cause we live in same
complex. Well he accepted $200 from us. He was suppossed to pick up the other $220 about a week ago. Can he still file a claim even though he’s already fixed his mirror and accepted half the money from as well as canceling the police report?
Asked on March 9, 2018 under Accident Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, he is still well within time to put in a claim on the accident or even sue you, unless he signed something (e.g. a settlement) in which he agreed to not sue you or seek further payment in exchange for receiving the money you were giving him. The statute of limitations, or time within which he must file a legal action if he is going to (which effectively defines how long he has to put in a claim, since after he can no longer sue, he has no ability to enforce or compel payment of a claim) is 6 years in your state--that is, he can seek compensation for up to 6 years after the accident.
He can only seek an amount equal to the damage caused (i.e. equal to the repair costs)--that's all the law gives him. (Plus possibly some amount for a rental car, if he need to rent while his car was in the shop being fixed.) If he does pursue legal action, whatever you can prove you already paid will be credited against any amounts you are found to owe.
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