Legal Question in Personal Injury in New Jersey
Statute of limitations for property damage in NJ
My ex-husband crashed into a utility pole while driving drunk in January of 2001. The car was a leased vehicle soley in my name. The car was declared totaled and paid by the insurance company. Soon after, we divorced. The company who owns the utility pole has attempted to sue my ex-husband but he has no assets. Now, 6 years later, the bank that I leased my vehicle through has just called me to say that the company who owns the utilty pole is suing them because the company has been unable to collect from my ex-husband. The bank has no plans to fight this and is planning on paying and called to let me know that I will have to reimburse them. I told them that I do not want them paying this, but the woman told me they have to. When I questioned her about the expired statute of limitations, she told me it was 7 years. I look up the statutes and it is my understanding that the statute of limitations to file a complaint for property damage in NJ is 6 years. January of 2007 would have been 6 years since the accident and the damage to the utility pole. Am I responsible to pay for the utility pole 6 years later simply because they have been unable to get any money out of my ex-husband? No one has ever filed a complaint against me.
1 Answer from Attorneys
Re: Statute of limitations for property damage in NJ
You are right, it is 6 years. How much does this pole cost? You may want to get an attorney on retainer now and notify the insurance company that you will not pay this and you will fight them. If you don't get an attorney, I don't see where you are going with this. It all comes down to how much money we are talking about here.