Turlock, CA asked in Car Accidents for California

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?

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2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

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.

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