Legal Question in Personal Injury in Maryland
Time limit
I was part of a car accident in july 1999 were I hit a car. We exchanged insurance information and we settle. shortly afterward a lawyer calls me and ask me for more infomation. I refer to the my company like my companys saids. He tried to sue company but lawyer locks the case up until the statues of limiations runs out. I get notices from company( I know work elsewhere) that trail has been drop. Now I have a letter for a civi case against me for accidentt that happened well over 5 years ago. what is the statue of limitation for filing. Can he sue me after my insurances paid out on a claim of his and the statues of limitation ran out with his lawsuit with my former company. Now if that was a civil suit and that time limit expired how is he able to come after me?
2 Answers from Attorneys
Re: Time limit
In Maryland, the statute of limitations for bringing a suit based on negligence is 3 years from the date of the accident. If your insurance company paid a settlement to the other driver or vehicle occupants, they would have had to sign a release, agreeing not to take any further legal action against you. You should immediately turn over the court papers you received to your insurance company. They will have a lawyer defend you and will seek a dismissal of the suit if it was brought improperly.
Re: Time limit
The statute of limitation is 3 years from discovery of the claim, thus
3 years from the date of the accident applies. If the case was filed beyond the
statute of limitations then dismissal is certain. If filed within the statute of limitations and the case settled and a release
was signed then a dismissal of the suit against you is almost certain (this assumes a properly drafted release and no extenuating matters). If the
case was filed within the statute of limitations and was settled but the release fails for some reason then dismissal may not occur.
Contact the insurance company that had coverage in effect on the date of the accident. Provide them with the court papers. I suggest you use return receipt requested when mailing. It doesn't hurt to mail both return receipt and first class mail.
Make sure you contact them by phone immediately and be sure to take notes of your conversation.
Hope this helps. Good luck.
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