Is there a statute of limitations on the filing of a drivers license due to being sued over an auto accident?

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Is there a statute of limitations on the filing of a drivers license due to being sued over an auto accident?

I was in an auto wreck 3 1/2 years ago for which I was at fault; I had no insurance. I was issued a couple of citations and my license was suspendedfor about a year. I paid the citations a little over 1 1/2 years ago and got my license back. I was served with a lawsuit from the other parties insurance company a month later. I did not go to court and a judgement was filed against me. Now I just found out that my license has been suspended due to the judgement. From my understanding the state of TN could only take your license if the lawsuit was filed within a certain amount of time from the date of the accident.

Asked on July 24, 2011 Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In the civil arena, there are statute of limitations for required filings of a lawsuit and if not done, then a lawsuit filed after the applicable statute has run could be barred by the defense of the statute of limitations that might apply. The citations you paid arose from a criminal proceeding from the accident, not a civil proceeding by the driver/passenger of the other car.

Potentially, the civil lawsuit against you from the automobile accident from three and a half years ago was filed timely in the civil court to not be barred by the statute of limitations. You were served with the civil lawsuit and let a default judgment be entered against you.

The filing of the civil lawsuit and the resulting judgment most likely results from a timely filed action with no bar of the statute of limitations. Even if there might have been a defense of the statute of limiations, you waived it by failing to show up in court where a judgment was entered against you.

It appears that your State's position is that the civil lawsuit was timely filed against you since your driver's license has now been suspended.


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