What to do if I was involved in a MVA and the driver of the vehicle was a soldier on leave?

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What to do if I was involved in a MVA and the driver of the vehicle was a soldier on leave?

I filed suit on the 3 year anniversary of the MVA. I was unable to locate the soldier as he was engaged in combat operations during the period before and after the statute was up? What can I do? Can the Statute be tolled by absence from the state? How does the Federal Soldiers and Sailers act come into play?

Asked on July 15, 2013 under Accident Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about the statute of limitations to sue the solder involve din the accident with you most likely is extended under the Soldiers and Saliors Relief Act. I suggest that you consult with a personal injury attorney to see about getting the soldier served with the summons and complaint and if served, he may assert the Act as a defense from attending trial. My suggestion is for you to push forward with the lawsuit.


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