Houston, TX asked in Insurance Bad Faith for Texas

Q: Info sent to insurance 1 month before statute of limitations. Can they stall to avoid paying? Have open claim number.

Rear ended in auto collision. Took excessively long due to 3 surgeries and COVID protocol.

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1 Lawyer Answer
Leroy Scott
Leroy Scott
  • Insurance Claims Lawyer
  • Houston, TX
  • Licensed in Texas

A: You need to actually file a lawsuit against the proper defendant (likely the other driver and his/her employer, if appropriate) BEFORE the statute of limitation (SOL) runs. Filing an insurance claim does nothing to stop the SOL. If the SOL passes and you did not file a lawsuit, the insurance company will not pay. You cannot sue another person's insurance company for bad faith.

Teri A. Walter agrees with this answer

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