Legal Question in Traffic Law in Connecticut

rear ended by salvage tittled vehicle

on 12/27/06 I was struck from the rear while at a complete stop. The person was talking on a cell phone, was charged and police report stated arrested. 3 salvage tittles with the last purchase only weeks before the accident. The insurance co. had the car sold 17 days latter at a salvage auction, to get rid of the evidence. I know the SOL 2 year is probably missed, but am praying for an extention via this defective unsafe car that should have never been on the road. I have never signed or claimed anything from the insurance co. Is there hope?


Asked on 1/11/09, 5:02 pm

1 Answer from Attorneys

Re: rear ended by salvage tittled vehicle

Greetings. Thank you for allowing me to respond. Your question appears to involve both an automobile negligence action and possibly a products liability action. For the Statute of Limitations on these types of claims, see Florida Statutes, Section 95.11 and 95.031(2)(b).

Section 95.11 generally states that for both of these claims, there is a 4 year limitation period.

Some but not all options:

-Generally, in rear end cases, the person that rear-ended you, is generally at fault for negligence. Under your facts presented, you may have be able to pursue a negligence lawsuit. HOWEVER, in order for a realistic chance of a money recovery, the other driver must have bodily injury liability or you must have uninsured/underinsured bodily injury liability coverage. This is important because if the other driver and you did not have either of these types of coverages, it will be difficult to collect a judgment without these coverages, unless, the other driver was working for someone else at the time of the accident.

-As far as a product liability action: these are difficult because generally you must hire an expert to render an opinion that the product was defective. Without evidence of the motor vehicle, this would be difficult.

In summary, I would consult a personal injury attorney in your area for more advice and options.

DISCLAIMER (I really don�t like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for �Legal Informational� purposes only and should not be confused with �Legal Advice� and nothing in this response should be construed as legal advise for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship between you and Ali Kirk, Attorney at Law. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

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Answered on 1/15/09, 3:32 pm


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