Can the statute of limitations for a car accident be waived if the case goes to court?

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Can the statute of limitations for a car accident be waived if the case goes to court?

I was injured in a car accident 4 years ago. The other driver was at fault. I am told that the statue of limitations is 5 years.Their insurance company has offered me a very low settlement- not even the cost of the medical bills claiming that some were too high. I am thinking about filing suit against them but If I do, what happens to the statute of limitations. Is it possibly extended or waived?

Asked on September 13, 2011 under Personal Injury, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to file your lawsuit for negligence against the other driver before the statute of limitations expires.  If your lawsuit is NOT filed prior to the expiration of the statute of limitations, you will lose your rights forever in the matter. 

The statute of limitations is not waived or extended.  If you file your lawsuit prior to the expiration of the statute of limitations, you have preserverd your rights in the case.  The filing date (date of filing the lawsuit with the court) is what determines whether or not you have missed the statute of limitations.  Once you file your lawsuit before the statute of limitations expires, you can proceed with the lawsuit even if the case continues beyond the expiration date of the statute of limitations.


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