Reaching 3yr Statue Of Limitations

[leyton71]

History:
8/27/04 - Relocated to WA from NY

9/11/04 - purchased a used 2000 car

10/23/04 - accident roomie rear-ended someone
went to hospital because I had back and neck injuries

10/25/04 - took car to auto body to get estimate - no collision insurance.
The car was 90% totaled from 5mph accident. I asked auto body mechanic
how can my car be that damaged from such low speed he said my car was
missing the front bumper reinforcement bar - which is a safty issue - contact
the dol

11/2004 - I contact a lawyer in reference to my car being unsafe - he
said as a personal injury lawyer he could not help me but could help
me file a PI claim. He suggested I contact a lemon lawyer who specializes
in this type of thing. He also suggested since that reinforcement bar
was missing I have an auto forensics look over the car. We filed a
claim against my roomie under my UMI for my personal injuries.

12/2004 - I contact auto forensics to do an inspection of the car.
He took pics and wrote up report yes car was missing and had
been missing the reinforcement bar for some timeand the car was unsafe at time of
sale. If the bar had been on req'ed by law there would be minimal damage

12/2004 - I presented this report to the DOL - In which they cited the
dealership for selling me an unsafe car.

01/2005 - I hire an lemon lawyer to go after the dealer for selling
the unsafe car. He writes up demand letter for the damages for my car.

02/2005 - DOL recinds the violation - based on letter dealer wrote to
them saying either I took the bar off the car or it fell of at time of
accident - I explained to the lawyer I didnt take bar off I have no
such knowledge of how to do so and it didnt fall off at time of
accident.

03/2005 - My lawyer says he will no longer be able to assist me with
this claim as it will become to expensive for me and I should file suit
in small claims court

04/2005 - I decided to deal directly with dealers attorney - in which
we came to settlement - the dealer purchases the car back for 1/2 of
what I paid. In the settlement agreement thats I forever release any claims
or harm againt dealer. From any and all liablity in any and all actions.,
causes of action, suits, controversies, claim, including but not limited to claims
in tort or contract, claims under WA Comsumer Protection Act, liens demands,
lawsuits, and damages of any kind and nature involving the Auto accrued or
accruing prior to the date of this aggreement, including but not limited to any
and all liability arising from the accident that occured on 10/23/2004


02/2006 - The PI injury calls me back saying he is close to settlement with
the insurance company for my personal injuries

Speed up to present date: 2007 as my statue of limitations is nearing my
PI attorney is prompting me to settle my case.

I am apprehensive in taking the claim based on following concerns:

(1) If the insurance company learns that the bumper bar was missing
There would have been no injuries if the reinforcement bar was on
car like it was supposed to be by WA State Laws. That insurance company could come back me - in which case I can not go back on the dealership as I signed that agreement in which I provided above.

(2) I have heard and not sure if this hold any truth that once the claim is
settled sometimes the insurance company will file suit againt the person
who was at fault - This being my room-mate to recover the money paid
out on the claim and file a judgement againt her.

Any input would be appreciated. Thx
Leyton

They very often will file suit but will go back against his insurer normally.

You really should weigh that all out with your lawyer and he should file something if the SOL is going to be an issue.

It is hard to say in a Forum if you should take the cash they are offering. Gt legal opinons from your lawyer and perhaps another who could review the case briefly.