Legal Question in Personal Injury in New Jersey
School Bus Driver suing for injury
In Feb. 2004 an ambulance was coming from the north bound side of a highway (no divider, just a double line) with its lights and sirens going. My father was in the south bound lane closest to the double line and tried to pull into the right lane to make room but the person next to him sped up. The school bus in front of my father stopped short w/o even trying to pull over and my father slammed into the back of the bus. The bus driver told the medics she had no injuries and the officer said my father had no choose in what happen and wouldn't give my father a ticket. Now Jan. 2007 the bus driver is suing my father for medical injuries sustained from the accident. We thought the statute of limitation was 2 years? Can she still sue my father a month shy of three years after the accident? We thank you for your help.
2 Answers from Attorneys
Re: School Bus Driver suing for injury
Generally not. However, there are a few reasons why s a statute is tolled. I strongly suggest that you trun the papers over to your insurance and they will handle this, If the claim is untimely, the claim will be dismissed.
Re: School Bus Driver suing for injury
You are correct. The statute of limitations in New Jersey for filing a personal injury action is generally two years. I am assuming the accident occurred in New Jersey and both the driver and your father were NJ residents. I would be curious as to any other reasons why the bus driver's attorneys believe they can get around the two year limitations period. I don't see any from the facts you provide. If he has not already done so, your father should immediately forward the complaint to his automobile insurance carrier, which should assign attorneys to represent him. This may then be a matter of those attorneys filing a motion with the court to have the case dismissed based upon the expiration of the limitations period. Should you have any further questions or concerns, please feel free to contact me at any time, either by phone or e-mail.
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