Legal Question in Personal Injury in Georgia
Statute of Limitations
What is the statute of limitations for an automobile accident, and can it be tried twice. Plaintiff lost to my insurance company and is now sueing me. Accident was 2 years and 6 months ago.
2 Answers from Attorneys
Re: Statute of Limitations
The statute of limitations (s/l) is 2 years. It seems odd that you would be sued again, after the Plaintiff lost in a suit against your ins. co. Assuming that there are no other siginificant facts, you should be able to move to dismiss the claim. Additionally, you may be entitled to OCGA 9-15-14 attorney's fees. Call Dwight Meredith at 404.633.4100 and discuss the matter with him. Reference my email to you. Hugh Wood
Re: Statute of Limitations
The statute of limitaions is two years. It can only be tried twice if (a) the trial court orders a new trial or (b) the Court of Appeals orders the same.
If, as you say, you are now being sued outside the statute of limitations, I would counterclaim like hell against the Plaintiffs and seriously consider a suit against the plaintiff's lawyer.
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