Statute of Limitations

[amdforever2]

If I'm in a car wreck, and get hurt, and the driver has liability, can I sue the driver even if I agreed to ride with him?

 

[Amused]

There is a statue of limitations? Where?

What it is shaped like?

 

[feralkid]

Why not?


Oh, and it's "statute".

 

[MacBaine]

You didn't agree to get in a car wreck with him, did you?

 

why would you sue a statue that is limited already? You bigot!

 

[amnesiac]

Originally posted by: amdforever2
If I'm in a car wreck, and get hurt, and the driver has liability, can I sue the driver even if I agreed to ride with him?

Yes.

I was in an accident, and the dumb b!tch in the passenger seat of the other car sued me, Honda, AND her b/f.
Quite possibly one of the most absurd episodes of litigation I had ever experienced. If her dumbass b/f wasn't driving on the wrong side of the road with his lights off there might not have been a problem. :|

*edit*

What does your question have to do with statute of limitations anyway? Are you asking how long after the accident you have before you can file suit?

 

[freakflag]

There's a statue of Grover Cleveland around here somewhere...can I sue him?

(Sorry, I couldn't resist.)

 

[amdforever2]

What if we're both under 18?

Could I argue her parents were negligent by giving her permission to ride with me?

I'm the one who could be sued. Will my liability cover me against my own traitorous passengers?

 

[Kanalua]

Statute of Limitations: A statute of limitations is a legal deadline by which a plaintiff must start a lawsuit...

This has nothing to do with your situation, unless you really want to take your time before pursuing the matter in court...

 

[amdforever2]

I want to know how soon she must file to have a hope. I want her time to run out.

 

[feralkid]

Originally posted by: amdforever2
What if we're both under 18?

Could I argue her parents were negligent by giving her permission to ride with me?

I'm the one who could be sued. Will my liability cover me against my own traitorous passengers?

Wait a minute....You were the driver?

 

[amdforever2]

Originally posted by: feralkid

Originally posted by: amdforever2
What if we're both under 18?

Could I argue her parents were negligent by giving her permission to ride with me?

I'm the one who could be sued. Will my liability cover me against my own traitorous passengers?

Wait a minute....You were the driver?

Yes..

 

[SpiderX]

uhh I think we need the full story here

 

[yellowperil]

You should consult a lawyer to see what the statute of limitations is in this case. It varies from state to state and also depending on what kind of claim it is. Sure she can sue the driver for negligence, whether she has a good chance of winning depends on the circumstances. There is an affirmative defense that may be applicable to your case called implied assumption of risk. That is, even if she proves all the elements of negligence, if you can prove that she 1) knew of the risk, and 2) voluntarily consented to bear it, then it should either bar or reduce her recovery. Again, you should consult an attorney to get the full scoop.

<= not a lawyer