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xyronmadd

Statue of Limitations

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I went to mediation and everyone settled except me. The Insurance asked for more information after my lawyer made his demand and he did not have it.

He is in the process of getting the info that was requested. The other parties got an extension of the Statue of Limitations because a judge has to approve the settlement for a minor child. The extension did not include me. My lawyer says I do not have a statue of limitation anymore because the other parties settled.

I am worried that that may not be true and I would not get my settlement. There are two insurance companies involved mind and my passengers the third has already settled. Do I have to worry about the statue of Limitations?????

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On 8/11/2017 at 10:35 AM, xyronmadd said:

My lawyer says I do not have a statue of limitation anymore because the other parties settled.

 

That doesn't make much sense.  A statute of limitations is a law that says how long after accrual of a cause of action a person must file a lawsuit.  In the case of an auto accident, the cause of action accrues on the date of the accident, and the statute of limitations is two years for bodily injury and three years for property damage.  I cannot even imagine what it might mean for you to "not have a statute of limitation [sic] anymore."

 

 

On 8/11/2017 at 10:35 AM, xyronmadd said:

I am worried that that may not be true and I would not get my settlement.

 

I don't know what you mean by "get my settlement."  You told us you didn't settle, so there is no settlement for you to "get."

 


 

On 8/11/2017 at 10:35 AM, xyronmadd said:

Do I have to worry about the statue of Limitations?

 

When did the accident take place?

 

 

On 8/11/2017 at 10:48 AM, xyronmadd said:

Not a misunderstanding he mentioned more than once.

 

Just because he mentioned something more than once doesn't mean you didn't misunderstand him.

 

 

On 8/11/2017 at 10:48 AM, xyronmadd said:

there is not going to be a lawsuit,

 

Why not?

 

 

On 8/11/2017 at 10:48 AM, xyronmadd said:

does that make a difference on a settlement.

 

Well...if you fail to sue within the limitations period, why would anyone settle with you?

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