Underinsured Motorist

[goblin24]

What is the name of your state? New Jersey

In 2002 in Saint Louis, I got a DWI / 2nd degree assault charge against me. My friend was injured in an accident, but did not press charges but the state picked up the charges against me. I made it through probation and never got convicted.

My insurance company paid out the max to him in the accident ($25k) but he required a little more for the damages, and he pusued his insurance company for underinsured motorist and was awarded a certain amount.

Can his insuarnce company come back after me for the payout for underinsured motorist coverage?
What is the statute of limitations for this and property damage since it happened in 2002?

Thanks

[seniorjudge]

Q: Can his insuarnce company come back after me for the payout for underinsured motorist coverage?

A: Yes.


Q: What is the statute of limitations for this and property damage since it happened in 2002?

A: GENERALLY, it is five years. But there is not enough information in your post to tell when the statute started running. And, besides, if you are not in Missouri, then the statute does not run (it only runs when you are in the jurisdiction).

[goblin24]

I just moved to NJ, so it is possible that this has passed already. When does the statute start running, when the settlement is reached? Do insurance companies usually wait till the last minute to follow up on something like this? Do they usually pursue this kind of case, I think it was $25k that he got from underinsured mototrist

[seniorjudge]

GENERALLY the SOL starts running at the time of the loss (meaning at the moment the wreck happened).

I have no idea what insurance companies "usually" do; I've never noticed them doing anything "usually".

[goblin24]

Thanks for your advice. I was worth very little back as I was 21 years old then so maybe they did not pursue the money from me. I was charged but completed my SIS, so does this mean it is off my record and noone can access it?

Thanks

[seniorjudge]

An SIS means it is off your record but it is no guarantee that no one will be able to access it.

[goblin24]

My lawyer said that unless I am trying to get a security clearance of some kind, that no employer could access the information, but I guess he was being a typical lawyer when he said that.

[seniorjudge]

Originally Posted by goblin24

My lawyer said that unless I am trying to get a security clearance of some kind, that no employer could access the information, but I guess he was being a typical lawyer when he said that.

He was telling you the truth.

Here's your question that I answered: I was charged but completed my SIS, so does this mean it is off my record and noone can access it?

[goblin24]

touch`e. Regardless he did a nice job for me even though I paid him $10K, so I am not complaining. I definetely do not want to be sued for the underinsured motorist coverage for something that happened 6 years ago

[seniorjudge]

Originally Posted by goblin24

touch`e. Regardless he did a nice job for me even though I paid him $10K, so I am not complaining. I definetely do not want to be sued for the underinsured motorist coverage for something that happened 6 years ago

If you ask me if the sun is shining and I say yes, then don't say, "Wrong! Apples can be green!"

[ecmst12]

My info says the SOL to file a UM/UIM claim is 10 years in MO. I'm not sure how that interacts with the 5 year statute for PD and BI.