Law Suite for an Accident that occurred 3 Years 4 months years ago.

[bestoption]

What is the name of your state? GA

I was in a car accident about 3 years four months ago. Although i am sure i was not at fault at a traffic light intersection, i was ticketed by the cop at the advice of a witness. I have maintained my innocense since then but did a 'no contest' on the ticket.

After all these years, the other party is sueing me for injuries for as yet unknown amount. There medical expense are around 60,000 USD so far. I have a coverage of 25K in the state of GA and she has un-insured coverage for about 300K.

My insurance lawyer adviced me that the under-insured coverage will pay her expense and likely waive their subrogration rights against me. Is this true and does this usually happen?

Can i still challange her with the fact that i was not at fault at all, after all these years? I never expected this to go this far and hence never pursued the traffic ticket. No one seemed hurt at the traffic accident site.

 

[moburkes]

What is the name of your state? GA

I was in a car accident about 3 years four months ago. Although i am sure i was not at fault at a traffic light intersection, i was ticketed by the cop at the advice of a witness. I have maintained my innocense since then but did a 'no contest' on the ticket.

After all these years, the other party is sueing me for injuries for as yet unknown amount. There medical expense are around 60,000 USD so far. I have a coverage of 25K in the state of GA and she has un-insured coverage for about 300K.

My insurance lawyer adviced me that the under-insured coverage will pay her expense and likely waive their subrogration rights against me. Is this true and does this usually happen?

Can i still challange her with the fact that i was not at fault at all, after all these years? I never expected this to go this far and hence never pursued the traffic ticket. No one seemed hurt at the traffic accident site.

I'm not sure how you could, but $60k in medical bills doesn't seem made up. But, more than likely, since this person was well-insured, there shouldn't be any problems. Most insurance companies, when offering a settlement, require the person to waive their rights to go after the at fault party in the future.

Hopefully, you now understand why you should carry more than the state minimum required coverage, and have increased your insurance coverage in case you are found to be at fault in an accident again.

 

[gawm]

Isn't the SOL in Georgia 2 years for personal injury? I think it is.

 

[Zigner]

What were the ages of the other parties involved?
How old were you?

(At the time of the accident)

 

[JBK in Georgia]

I'm also curious as to why the suit made it past the motion to dismiss stage since the accident happened more than two years before the suit was filed (if I understood your post correctly). In the case of injuries to a minor, there may be tolling of the statute of limitations, but otherwise, it should be dismissed. Of course, there may be factors of which I am not aware, but it's something to ask your attorney about.