Visitor Question

Hit by a Car in an Auto Mechanic Shop…

Submitted By: Parry (Phoenix, Arizona)

Two years ago I was in my ex-boyfriend’s auto mechanic shop. I was walking around the shop when he was pulling in a customer’s car, but he couldn’t stop and he hit me with the car. He was so scared that he didn’t take me to the emergency room.

The next day I asked my brother to take me to the emergency room. They took an MRI and told me I’d need surgery on both knees. I came home and asked my ex to sign the paper stating that he’d pay all my medical expenses, but he refused.

Now it’s been almost 2 years and I still haven’t had the surgery. The pain is killing me and I don’t have any health insurance. Also, I (obviously) broke up with my ex. I called him many times and asked him to pay my bills, saying if he didn’t I’d take him to court, but he just kept saying he didn’t have the money.

I called a personal injury accident lawyer but they told me it’s been too long since the accident and that I should have filed the claim right away. Is there anything I can do to make my ex pay my medical bills? Is there any other way to get financial help for my surgery?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Parry,

Regrettably, in the State of Arizona the Statute of Limitations or “time period” in which you have to either settle a personal injury claim or file a lawsuit is 2 years.

Because your injury occurred more than two years ago you are precluded from pursuing legal action against your ex-boyfriend’s shop.

You might attempt to find out if your boyfriend’s auto mechanic shop carried liability insurance at the time you were injured. If they did, you might still be able to negotiate a settlement with them. Although they are under no legal obligation to do so they certainly have the authority to enter into negotiations with a 3rd party (you) to settle a legitimate claim like yours.

The problem you have though is attempting to learn the identity of your ex-boyfriend’s insurance carrier.

He doesn’t have to provide it to you, and the only manner in which you might obtain that information is to file a lawsuit and subpoena the information.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 5, 2012

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