Can someone sue me for a fender bender?

Can someone sue me for a fender bender?

How long do I have to report a crash

Remain at the scene of the accident. Leaving the scene of the accident could qualify you as a hit-and-run driver. If an individual suffered injuries or death as a result of the collision, and you leave the scene, you risk facing criminal charges and serious penalties. This is well defined by the traffic accident attorney.

Instead, if your physical condition permits, check on the other people involved in the accident. If anyone needs medical help, call 911. Do not move anyone who expresses that they are experiencing back or neck pain unless there is a danger that puts the person in imminent danger.

If possible, talk to witnesses about what they saw and get their names and contact information so your attorney can later talk to them about what happened and use their accounts to build your case for compensation.

Although not true 100 percent of the time, rear-end collisions are usually the fault of the rear driver. Most laws support the rule of leaving several car lengths between a driver and the car in front of them. This distance gives the rear driver enough time for the lead driver to brake or stop suddenly. However, if the lead driver failed to maintain his or her brake lights, without warning the rear driver of a stop or brake, insurers may find the lead driver at least partially at fault.

When is the statute of limitations for a traffic accident claim?

* The statute of limitations period for the action for damages arising from civil liability is three years (conf. art. 2561 C.

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What happens if I don’t pay a collision claim?

What if I can’t pay for a crash? … This will cause the crash ticket to be voided but the insurer will not pay for the damages sustained from the crash, since it occurred when you were not insured.

How long does an injured person have to claim his or her rights?

The term to claim directly from an insurer is, in principle, five years.

Legal consequences of a traffic accident

Obviously, it is advisable not to drink alcohol or take drugs before driving. Ensuring that the driver of the vehicle is in a suitable condition to drive can also be the task of the other occupants of the vehicle.

In addition, in order to avoid accidents, the authorities also implement measures and protocols, such as increasing alcohol controls during weekends; installing reversible and additional lanes with cones; stopping road works; limiting the celebration of sports events and events that involve the occupation of the road; restricting the circulation of trucks in general and those transporting certain goods in certain stretches, dates and hours. Likewise, numerous advices are given to encourage not to drive when the weather conditions are not suitable.

Any injured party may make a claim, regardless of the type of accident. We remind you: compensation for a traffic accident is a right that all injured parties who have suffered a mishap have.  Thus, the list of possible victims could be as follows:

How long can a traffic accident trial take?

The defendant insurer will receive the claim within 3 days. The insurance company will have 10 business days to answer the claim. However, it could take about 15 continuous days to do so. In approximately 40-45 days the court will announce the date of the oral trial.

When does a claim expire?

If the insured is the one who should receive the indemnity, the term for his claim will be one year. For beneficiaries the prescription period is extended to three years from the date of occurrence of the loss.

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How long do I have to sue for damages?

A generic term of 5 years is regulated, unless another rule provides for a different statute of limitations. The action for damages prescribes after 3 years, which means that the period for filing a claim for damages as a third party injured party is extended.

I was sued for a collision

Serious accidents are those in which the life of those involved is at risk. You can name, for example, those in which the victim requires resuscitation, requires rescue by ambulance, requires the amputation of a limb or causes loss of consciousness in the victim.

Then, you must file a report at the nearest police station, informing the license plates of the vehicles involved, along with the day and time it occurred. This is essential, especially when there was no police presence during the accident. If you are unable to do so, a family member may go to carry out this procedure.

If this is not done and the place of the accident is abandoned and the authorities are not notified, guilt will be presumed, being considered as an aggravating circumstance of responsibility. This will be sanctioned with the suspension of the driver’s license, fines and even effective jail.

If you flee from the place of the accident, it will be considered an aggravating circumstance of responsibility, which means that the sanction will be increased, which can go from suspension of the driver’s license, fines, up to effective imprisonment.

What are the consequences of a traffic accident or accident for the responsible parties?

Compensation for death. Permanent injuries or temporary, absolute, total or severe disability. This will also take into account the time of disability of the person, possible sequels and injuries.

How much does a traffic accident lawsuit cost?

If the procedure is carried out through civil proceedings, by means of a declaratory action, court fees corresponding to the traffic accident will have to be paid, to which must be added the attorney and the medical appraiser, concepts that can range between 150 and 300 euros.

How long does it take to collect money from a lawsuit?

In both the Federal Capital of Argentina and the Province of Buenos Aires, a labor lawsuit takes approximately 2 to 3 years, although it may take longer.

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Procedure in case of a traffic accident with injuries

In this sense, if a victim of an accident does not have an attorney specialized in this area, he/she could be at the mercy of the insurance company of the other party. The latter, taking advantage of the lack of patience that some people tend to have, will offer a very low amount as compensation.

However, those who hire a lawyer would be in a more advantageous position, since they will know exactly how long it will take for a lawsuit to be filed. If it is more convenient to wait, due to the possible obtaining of a higher pecuniary compensation, they will do it without thinking about it.

Having clarified these points, in the following article we will study the deadlines that are usually handled in certain traffic accident lawsuits. Being of special preponderance for those who study the matter, as well as for the victims of an accident.

Yes, prior to the filing of a lawsuit against the insurer of the claimant, the victim must first report the occurrence of the accident and claim the corresponding compensation. As indicated in Article 7 of the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles (LRCSCVM).