Legally Speaking- Too Late To Settle Up?
By Bob Mionske
Posted Dec. 26, 2002
I was injured when a car pulled out in front of me while I was riding my bike to class. I broke my wrist and collarbone as a result. The accident happened in the spring of 2000 in Madison, Wisconsin. I have since graduated and moved back home. I talked to the driver’s insurance company a few times and received a letter offering to bring the matter to a conclusion, but have had no contact with them since the summer of 2000. Can I still request payment for my damages or is it too late?
Wisconsin has a three-year statute of limitations. This is the statutory time limitation period within which a claim must be settled or formally filed as a lawsuit in the appropriate Court.
If your personally injury claim is not settled within three years of the date of the accident, a lawsuit must be filed to preserve and further pursue your claim. If the claim is not timely settled or if a lawsuit is not filed, the claim will be forever barred.
I recommend you contact the insurance company as soon as possible and discuss settling your claim. If you are not able to come to a mutually acceptable sum, you should consider consulting with an attorney. Remember, your rights are extinguished on the date of your accident this spring of 2003.(
Good luck- Bob
The information provided in the "Legally speaking" column is not legal advice. The information provided on this public web site is provided solely for the general interest of the visitors to this web site. The information contained in the column applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained in this column does not mean you have established an attorney-client relationship with attorney Bob Mionske. Readers of this column should not act upon any information contained in the web site without first seeking the advice of legal counsel.
July 21, 2014
The San Francisco Chronicle: Court rules that even on a bicycle, it's reckless driving Bob Egelko M...
July 20, 2014
The Montreal Gazette: Letter: Cyclists are not a menace on the roads The Montreal Gazette July 20, 2014 Re:...
July 18, 2014
The Times-Picayune: Bicyclists rally to demand safer streets By Jonathan Bullington, NOLA.com | The Times-Picayu...
July 14, 2014
USA Today: Bitter battle between motorists and bikers Aamer Madhani, USA TODAY 5:47 p.m. EDT July 14, 2014 ...
March 19, 2014
By Bob Mionske When I wrapped up my cycling career in 1994, I knew I wanted to stay involved with cycling in som...
January 28, 2014
Welcome Bob Mionske to the Bike Law team! We (Ann and Peter) are thrilled to welcome Bob Mionske to the Bike Law...