Is there a statute of limitations for an insurance company to sue for reimbursement for an accident in which the alleged at-fault driver was uninsured?

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Is there a statute of limitations for an insurance company to sue for reimbursement for an accident in which the alleged at-fault driver was uninsured?

We were unaware our insurance had lapsed and were involved in an auto accident that totaled both vehicles. This happened 4 years ago. The other driver claimed we ran a red light but it was thrown out and dismissed in court that year. Now, we are being sued by the insurance company of the driver, stating we owe the $25,000 that he was paid through his unde insured/uninsured policy.

Asked on July 30, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What is happening is known as subrogation of the other car's claim against his own insurance company.  The right to subrogate is contractual and the statute of limitations starts to run when the claim is paid out so they are probably within the time frame permitted here.  You are going to have to go and get some legal help with all of this as soon as you can.  This is a very serious lawsuit and you can not fight it yourselves.  Someone needs to read the order from the dismissal in the other suit and read the lawsuit papers from the insurance company to figure out your defense.  Please get help.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What is happening is known as subrogation of the other car's claim against his own insurance company.  The right to subrogate is contractual and the statute of limitations starts to run when the claim is paid out so they are probably within the time frame permitted here.  You are going to have to go and get some legal help with all of this as soon as you can.  This is a very serious lawsuit and you can not fight it yourselves.  Someone needs to read the order from the dismissal in the other suit and read the lawsuit papers from the insurance company to figure out your defense.  Please get help.  Good luck.


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