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auto accident

Discussion in 'Auto Accidents, Injuries' started by Stephen cravatt, Apr 29, 2016.

  1. Stephen cravatt

    Stephen cravatt Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    i was in an accident 4yrs ago I settled with my insurance for some of my medical the other driver didn't have insurance I still have medical problems not to mention the way it changed my life I was told I needed to file a civil suit against the other person how do I do su h an what's my time limit please any info helps
     
  2. Betty3

    Betty3 Super Moderator

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  3. adjusterjack

    adjusterjack Super Moderator

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    The MO statute of limitations for a personal injury lawsuit is 5 years.

    Why only "some" of your medical? Did you have Uninsured Motorist Coverage? If you did, you can collect all of your medical expenses plus pain and suffering just as you would have been able to from the other driver.

    Read your policy for the requirements for making a UM claim. You may need an attorney to deal with your own insurance company. UM is an adversarial coverage since it puts your insurance company in the place of the other driver.

    If your total claim (including pain and suffering) doesn't exceed $5000 you can use small claims court:

    Small Claims Forms

    Although I suggest you consult a personal injury attorney before you do that since it appears that your claim might be worth more than that.

    You should also report the uninsured injury to the DMV in the hope that his/her driver license will be suspended although you might need a judgment to accomplish that.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    The longer you wait the more challenging it gets to win a case, especially a personal injury case resulting from a car accident. You should also keep in mind that if the other driver didn't carry proper auto insurance, they may be what we call "judgment proof." That means that you can't get blood from a stone - even if you win the case the defendant doesn't have the money to pay the judgment which you deserve.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    It's possible that a judgment may be required or, at least, helpful in making a claim for Uninsured Motorist Coverage, though it might not be necessary if OP is making a small claim under his own policy, or if his attorney is a strong negotiator.
     
    Michael Wechsler likes this.
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Excellent point.
     

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