How long after an incident can you sue the responsible party in small claims court?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long after an incident can you sue the responsible party in small claims court?

My pickup was hit while parked at my home. The police were called and she was cited for no insurance. she made one payment. Is it too late for me to sue her in small claims court? It has been 2 months.

Asked on October 20, 2011 under Accident Law, Washington

Answers:

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

Answered 9 years ago | Contributor

If the driver who hit your car has auto insurance, you should file a property damage claim with her insurance company.  The insurance company should pay for the cost of repairs to your truck.

If she does not have insurance, you can file a lawsuit for negligence against her.  In WA, the statute of limitations for filing a property damage claim in an auto accident case is three years.  This means your lawsuit must be filed prior to the three year anniversary of the accident.

If you settle the case with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, your lawsuit for negligence against the person who hit your car, must be filed prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.

Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your truck and court costs.  Court costs would include the court filing fee and process server fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption