When the Statute of Limitations Ends in a Car Accident Claim?
If you attempt to file a car accident claim after the statute of limitations expires for your car accident claim, the other side will likely move to dismiss your case. The exceptions mentioned above provide grounds for the court to hear your case, but they might still dismiss it and refuse to grant an exception or toll the statute. Once a court dismisses a car accident claim, the plaintiff cannot sue for compensation for injuries from the same event. Fault and the strength of your case do not matter. Also, most car accident claims settle long before going to trial. Filing a lawsuit is often a way to bring both parties back to the negotiating table and try to avoid costly litigation. Once the statute of limitations runs out on your car accident claim, you also lose any leverage or advantage you had with the insurance company for negotiating a fair settlement. Meeting with and hiring a car accident lawyer as soon as possible after your car accident is the best way to avoid issues related to missing a statute of limitations deadline.