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Statute of limitations

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hook3763

Junior Member
What is the name of your state? Missouri
My question is this. A couple of years ago I was backing out of a parking lot and damaged a door on a car with my vehicle. I could have driven off, but was honest and let the owner know. I had insurance and she as well, but I went to check my date and time had lapsed a couple of days. I went to insurance office to pay to get current but she beat me by 30 mins and I was told I had a lapse. Anyway in the process of the insurance company asked for my license and vehicle tags be revoked. I went to the DMV and they told me that I did not have to loose them because of a statute of limitations on filing a damage claim by the insurance company. My liscense and tags were reinstated and I payed a $40.00 fee and showed proof of ins. Now the same attny for the ins. co. is trying to take me to court for damages. It has been over 2 years since the time of the accident and the police report is a different copy than the one I recieved from the police dept. and they are asking for repairs that were not done by me for a claim amount. I'm not denying that I hit the door, but I did not damage the quarter panel or rear bumper they say are caused by my incident. I did dispute this prior to the filing of the damages. Is there a statute of limitations pertaining to damages of a vehicle when the court filing is over 2 years after the incident? Thank you.
 


JETX

Senior Member
hook3763 said:
Is there a statute of limitations pertaining to damages of a vehicle when the court filing is over 2 years after the incident?
Yep. And the SOL (Statute of Limitations) for property damage in your state is FIVE years!!

516.120. Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;
(2) An action upon a liability created by a statute other than a penalty or forfeiture;
(3) An action for trespass on real estate;
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;
(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.
 

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