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Arizona - State Property Damage, over 2 years ago, statute of limitations?

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dhahlen

Junior Member
Arizona

I was in an auto accident over 2 years ago. April 2005 to be exact. At the time I did not possess insurance. I received a speeding ticket as well as a failure for proof of insurance and damage to state property (the highway median).

I was going through the Arizona ARS and looking for the limitations on accidental property damage on the highway but I am unable to find it.

The closest I found was criminal property damage to state property which has a limitation of 7 years.

The state is requiring me to pay over $5000 in damage, and since I did not possess insurance at the time (which I have now had since then without a breach) - I am going to have to pay this out of pocket. Under criminal code anything between $2500-10000 in damage is a class 5 felony. However, I've not been to court over this nor have I been charged with anything. I did however sign the paperwork stating I am guilty of speeding and went to driving school.

Arizona ARS
Title 28 - Transportation
Charpter 3
Article 4

I am not sure if this accident falls under criminal code or under transportation. The ticket was civil - I went to driving school to avoid the points and I paid the fine for no insurance.

I would just like to know if I am within the statute of limitations for the damage caused to the freeway median in April of 2005.

Thanks!
 


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seniorjudge

Senior Member
Q: I would just like to know if I am within the statute of limitations for the damage caused to the freeway median in April of 2005?

A: I suspect so but I can't cite a statute. Ask the folks who are demanding the money for the statute (civil) that covers this problem.
 
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ecmst12

Senior Member
If you're looking under criminal or traffic statutes, you're looking in the wrong place. You need to look under civil tort statutes.
 
G

gawm

Senior Member
If you went to driving school, the speeding charge was dismissed upon completion. What was it that you signed that amitted guilt to speeding?

As for the SOL, everything that I pulled up says 2 years. Unless you signed something stating you would pay for the damage, I think they may be out of luck.

Here you go. This will be well worth the $35 it takes to find out.
http://www.maricopabar.org/lris/lawyerfinders.shtml
 
Last edited:
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ecmst12

Senior Member
If this was a one car accident where you lost control and hit the median or other fixed object, yeah you're not getting out of liabilty on that.
 
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dhahlen

Junior Member
Ok lets set the statute of limitations aside....


Lets say for instance i bumped into this median.... now the state waits 2.5 years to send me the bill. Who knows how many people could have hit that or caused other damage to it before or after I supposidely did.

1.) They would need proof that it was outstanding condition before I hit it
2.) They would need proof that nobody hit it after I did and before it was repaired

I have good reason to believe that they cannot prove either of these.

Any suggestions?
 
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ecmst12

Senior Member
I have good reason to believe they CAN. But ask to see the estimate of the damages and the pictures of it. The estimate will be dated, I STRONGLY suspect, soon after the accident occurred.
 
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dhahlen

Junior Member
you sir are correct

damage was repaired 2 days after accident

So why did they wait 2.5 years?

Also, how can they prove it wasn't damaged prior? Like some guy did a hit and run - I don't feel they can prove that. I've seen cars hit stuff and take off.... fleeing from an accident illegally.

Think there is any weight in pushing the fact that damages could have been done prior? Also I talked to the lady from the state... she said I have two options.

1.) make payments or pay it all (payments 150/m minimum @ 10% interest)
2.) refuse to pay and they send it up the chain

I am not sure if that gives me the option to fight it in court. But this would be a civil case me vs state.

I believe in civil cases the evidence has to be more true than false. Where as criminal it has to be beyond a reasonable doubt. So, granted I take this to court.. it doesn't sound like there is much a chance...??
 
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ecmst12

Senior Member
After the accident, did the police come and write a report at the scene?

Really, you know you caused the damage, and it's dishonest of you to even try to claim that you didn't. You saw what the median looked like right after you hit it. Property appraisers can tell the difference between new damage and old damage, and there's probably bits of your paint on the median. All they need is 51% of the evidence indicating you did it - you have NO evidence that you did NOT, just an alternate theory (it could have been someone else!). You have nothing SUPPORTING that alternate theory so it's going to get you nowhere in court.
 
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ecmst12

Senior Member
Bill or estimate, all the same pretty much (at least to us!). As long as it's got the itemized charges and the date it was prepared, that's all they need. Now not only was the damage appraised right after the accident, it was actually fixed only 2 days later. No idea why they waited so long to bill you other then the wheels of government turning slowly. But there's pretty much no way you can claim it wasn't you.
 
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dhahlen

Junior Member
I'm probably stuck paying it....

However, any reason why they waited over 2 years? this problem could have been resolved after it happened granted they gave me a bill after the work was performed.... I do not understand.
 
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