Legal Question in DUI Law in Kansas

My house was hit by a drunk driver 4 years ago! The driver did not have insurance! My insurance company ultimately dropped/closed the case. I had to pay the $1000 deductible! It was such a mess & drug out so long, I didn't pursue my own attorney. Now, I'm wondering if I should have?? How long is too long after an accident? And would it be worth it after attorney fees? Thanks a bunch!

Asked on 8/22/10, 2:34 pm

1 Answer from Attorneys

Trey Meyer Law Office of Trey Meyer, LLC
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I assume the incident happened in Kansas. Without knowing more about the facts of the case, it appears that your claims would likely be subject to a two year statute of limitations. The statute of limitations started running at the time of the incident. As such, your claims are most likely barred due to the expiration of the statute. Another rule may apply if a lawsuit was ever filed. If a lawsuit is filed and then dismissed voluntarily, then the suit may be refiled within one year of the dismissal. If you think that may have happened, then you should follow up with an attorney.

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Answered on 8/30/10, 2:49 pm

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