What can be done if a person is trying to sue me for compensation from an auto accident that happened several years ago?

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What can be done if a person is trying to sue me for compensation from an auto accident that happened several years ago?

A friend of mine was involved in a car accident 2 years ago. The other party’s car hit her car from behind. At that point of time, no party was injured. And now, the other party is suing my friend for the loss of ability to work and trying to make my friend pay for his future medical bills and living expenses. It is apparent that there was nothing wrong with the person and the insurance company denied any claims for injury. What can be done in this situation?

Asked on February 18, 2012 under Personal Injury, Kentucky

Answers:

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

Answered 9 years ago | Contributor

Since this was a rear-end collision, the party who rearended your friend is at fault in the accident.  The at-fault party has no claim against your friend for either property damage or personal injury.  Your friend should contact the auto insurance company she had at the time of the accident.  The auto insurance company will handle the lawsuit and will provide your friend with an attorney at no cost to her.  The attorney will file a motion for summary judgment which means that the other side cannot prevail and will then ask the court to dismiss the case.< Since the accident happened several years ago, it is possible that the statute of limitatiions has expired.  The applicable statute of limitations varies from state to state.  If it has expired, the lawsuit is barred by the statute of limitations and this issue will also be raised by your friend's attorney in seeking dismissal of the lawsuit./p>


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