Reply
Sat 17 Sep, 2005 11:16 pm
Can some one tell me if in case of auto accident damage to a vehicle what is the minimum time duration by which a plaintiff should submit the case to claim the money from the person who caused the damage.
Statutes of limitations (that is what you're asking about) depend upon which state has jurisdiction over the case. So, where did the accident occur, where are the parties from, and are there any other possible states which might be somehow involved?
The details of this accident are:
Accident occurred in Michigan in July 2004. It was a rental company car and it was single vehicle toppling.
Accident and collission coverage was through credit card of 'Person A' who was the renter who went back to his country after the accident.
'Person B' who stays in Wisconsin who was the additional driver on the vehicle and driver of the vehicle at the time of accident.
Now 'Person B' gets the damage estimate from the rental company after more than 1 year asking him to pay up or suggest his insurance.
'Person B' goes to the credit card company to check he can claim the money. He learns that the minimum time to file a claim is within 1 year of the accident and also the credit card has been cancelled.
How can person B defend himself now ??
Stays in Wisconsin? Does that mean lives or just visits?
I'm asking because jurisdiction could be there although it's far more likely to be in Michigan.
Here are details re Michigan:
http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-600-5805&userid
Here is a table of statutes of limitations for personal injury cases but does also include some property cases:
http://www.drugintel.com/public/statute_of_limitations.htm
Person B lives in Wisconsin , However he is on an assingment for his multinational company and he is not permanent in US.
Also he doesn't have any property or assets in US if a lawsuit is filed against him. Amount in question is 20000$.
So My next question is if he is unable to pay will he be held in Jail ? Also if a civil law suit is lodged can He leave the country ?
Time for you to get a lawyer and start a paying relationship -- you are asking questions that people normally charge for the answers to, e. g. real-live legal advice.
Go to the local bar association and ask for a referral for a personal injury defense attorney. If you are insured, mention this to your insurance company. You need to get these answers from someone who is going to do careful research to make sure that you get the right (and complete) information.
Thanks for inputs....I just came to know that person B has an EAP program sponserd by his employer. I will ask him to do that
Thanks again a lot