Can you be sued for collection on an 11 year old debt?
My wife was in an auto accident in 1998. We had no insurance. What is the statute of limitations for the insurance company to collect this debt. We have been contacted by an attorney who is trying to take us to court after 11 or 12 years. Can they do anything about this, after all this time?
Generally speaking, that would be too long a period of time: most lawsuits in KY need to be started within five years of the events giving rise to the cause of action. For example, see http://www.lrc.ky.gov/KRS/413-00/120.PDF.
However, if they already have a judgment against you--i.e. if you had been sued previously and lost (including losing by default, because you did not respond)--then they have a much longer period, of up to 15 years to collect on the judgment: http://www.lrc.ky.gov/KRS/413-00/090.PDF
In addition, there are sometimes special circumstances (such as an inability to identify, find, or locate the person to be sued) which will allow the statute of limitations to be "tolled" or held in abeyance for a time, so that a lawsuit may be brought later. You cannot therefore take it for granted that you are beyond the statutory period.
If you are threatened with a lawsuit, you should consult with an attorney about your case and whether and how you should defend yourself. Good luck.
Ok, I need a little clarification on this. Are you being sued by the other guys insurance company for the money they laid out for PIP benefits (Personal Injury Protection benefits they paid for their insured's medical treatment) or for the money paid out for the property damage or something else? If Kentucky allows a party to purchase uninsurance coverage (where you can collect against your own policy if you are hit by someone without insurance) are you being sued for that? The time frame that they have waited to sue seems to be a bit long but it may be dependent on many technicalities like when the last payment was made, etc., that can "toll" or extend a statute of limitations. Bring what ever the attorney sent you to an attorney to review on your behalf and speak with them. Good luck.