If my wife was in a fender bender over 11 years ago and she is now being sued, what is the statute of limitations on something as ridiculous as this?

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If my wife was in a fender bender over 11 years ago and she is now being sued, what is the statute of limitations on something as ridiculous as this?

She rolled through a toll booth going 5 mph at the most. She tapped another car with a lady and her son. We never heard anything from the person until now and they want to sue.

Asked on January 28, 2015 under Personal Injury, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The statute of limitations on a personal injury claim varies from state-to-state but is generally limited to 2-4 years. That having been said, there are some exceptions to this so that the filing date can be extended and the plaintiff has extra time to commence a lawsuit. This happens when the limitations period is "tolled" (i.e. the time period to file is on hold and not running until the toll period ends). Tolling, however, can only happen under certain limited circumstances. For example, if a minor suffers a personal injury they can file typically up to a year or so after their 18th birthday. This means that if a child was in a car accident, they could file up until about age 19 or 20 (depending on specific state law).

In your case, you said that the other driver had her son in the car. While you did not mention his age, if he was a minor at the time, then it is conceivable that he may legally still be able to file regarding this 11 year old accident.

The fact is that if the accident was just a fender bender, they may not have a legitimate claim. However, that doesn't mean that they can't file a lawsuit. At this point, you should consider  consulting directly with a local personal injury attorney. They can advise you further once they've heard and are able to review all of the details of your situation.


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