Q: Can I request payment for an auto insurance claim that was filed 7 yrs ago but was never settled?
My daughter was in a bumper to bumper accident in Oct 2015, she was the middle car. Both driver side and passenger side front airbags deployed and restraints locked up the rear and front bumper needed to be replaced. The insurance company for the car that hit my daughter agreed to be responsible for 50%of the front bumper repairs and 100% of everything else. After inspection of my SUV the insurance company totaled out my car and sent me a check for $1700. I declined the check and sent it back. I disputed the amount by providing 3 different repair estimates and 3 Kelly blue book price estimate for the same vehicle with almost exactly the same mileage and condition of my vehicle. The insurance emailed me with a statement saying that they won't take supplemental estimates since they declared the car totaled. Nothing more was done by them or me. My repair estimates were between $3500.&$5200. The kbb price was between $5700.&$6200. Is it possible to negotiate a settlement or is it to late?
A: You are likely beyond the statute of limitations, unfortunately. To be sure, you should speak with an accident lawyer in your area since sometimes the statute of limitations can be "tolled" under certain circumstances.
A:
The normal statute of limitations is 2 years to file.......and then the case must be brought to trial within 5 years.
to be safe contact a local PI lawyer to see if there are any conditions that would have tolled the time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
