Statute of Limitation Law Vs. Discovery Rule/Exception to Statute of Limitation

otisbh1

New Member
Jurisdiction
Washington
Hello, I am a 25- year Retired Disable (Army) Veteran.

I was involved in a no fault car accident on November 10, 2013, in Seattle, Washington. Again, I was not at fault. I was sitting at a red light waiting for the light to change and was rear ended from behind. The person that rear ended me had the same insurance company as myself (USAA). I began the process of filing my bodily injury claim with my insurance company, but fail to complete the process because of disabilities and mental health issues I was undergoing and still currently undergoing at this current time. Before I realized it, the statute of limitation had come and gone and I realized that I hadn't completed my claim. In fact, my mental and disability condition was so severe at the time, I literally forgot all about the claim because I was mainly concern about restoring my mental and physical health.

Afterwards, I contacted my insurance company and requested from them several times an extension and I also tried to explain to them my situation and if they would be so kind as to extend the statute of limitation period for me due to circumstances beyond my control, which was my mental and physical health condition and disability that I was battling. I even offer to show proof of my condition and ongoing situation that caused me to not complete my claim, but time after time, I kept getting denied.

My question is although I did not meet the required deadline to file my bodily injury claim under Washinton State Statute of Limitation Law, could my situation be considered for The "Discovery Rule"/ Exception to the Statute of Limitations under the conditions of disable and mentally ill?
Thank you very much.
 
Talk to a couple of personal injury lawyers.
The first visit is usually offered free of charge.
I'll resist the temptation to say more.
 
My question is although I did not meet the required deadline to file my bodily injury claim under Washinton State Statute of Limitation Law, could my situation be considered for The "Discovery Rule"/ Exception to the Statute of Limitations under the conditions of disable and mentally ill?

RCW 4.16.080
Actions limited to three years.
The following actions shall be commenced within three years:
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

RCW 4.16.080: Actions limited to three years.

There is no discovery rule for personal injury.

However:

RCW 4.16.190
Statute tolled by personal disability.
(1) Unless otherwise provided in this section, if a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.88 RCW, or imprisoned on a criminal charge prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action.

RCW 4.16.190: Statute tolled by personal disability.

RCW 11.88 involves guardianship.

Chapter 11.88 RCW: GUARDIANSHIP—APPOINTMENT, QUALIFICATION, REMOVAL OF GUARDIANS

I don't know if you would have had to be under guardianship or in a condition that would have necessitated guardianship.

To that end, you would be wise to consult a personal injury attorney as nothing is going to likely be resolved without a lawsuit against the other driver.
 
RCW 4.16.080: Actions limited to three years.

There is no discovery rule for personal injury.

However:



RCW 4.16.190: Statute tolled by personal disability.

RCW 11.88 involves guardianship.

Chapter 11.88 RCW: GUARDIANSHIP—APPOINTMENT, QUALIFICATION, REMOVAL OF GUARDIANS

I don't know if you would have had to be under guardianship or in a condition that would have necessitated guardianship.

To that end, you would be wise to consult a personal injury attorney as nothing is going to likely be resolved without a lawsuit against the other driver.
 
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