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Asked in CA May 26, 2022 ,  0 answers

Statue of Limitations Insurance Claims

My husband was in a motor vehicle

accident 4 1/2 years ago. There were

two elderly retired adults in the car.

The police were called but filed no

report. He did not report the incident

to his insurance company b/c he was

afraid he would lose his job. He paid

the other party's insurance company

for the damages on the vehicle. He

called a few weeks later to make sure

everything was fine, as far as he

knew he had paid everything out. No

other contact was made in the 4 1/2

years. We received a demand letter

from an attorney for $18,000.00 to

be paid for an injury to the other

party's insurance company a week

ago. We are getting conflicting

information from attorneys we have

contacted regarding the statue of

limitations on debt and collecting a

claim. We are not sure if we should

hire an attorney or bite the bullet

and file for bankruptcy.

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Data From  LAWGURU_Question

3 Answers

Anonymous
Reply

Posted on / Jun. 12, 2008 14:25:00

Re: Statue of Limitations Insurance Claims

This isn't an insurance claim. It's a personal injury claim. After 4-1/2 years such claims would normally be time-barred. It is quite possible, though, that when your husband dealt with the insurance company after the accident he signed a waiver of the limitations period. Alternatively, he may have signed an agreement to toll (temporarily halt) that period. Your husband should have an attorney deal with the insurer's attorney to find out why the company thinks it can still collect from him.

Anonymous
Reply

Posted on / Jun. 12, 2008 14:25:00

Re: Statue of Limitations Insurance Claims

This isn't an insurance claim. It's a personal injury claim. After 4-1/2 years such claims would normally be time-barred. It is quite possible, though, that when your husband dealt with the insurance company after the accident he signed a waiver of the limitations period. Alternatively, he may have signed an agreement to toll (temporarily halt) that period. Your husband should have an attorney deal with the insurer's attorney to find out why the company thinks it can still collect from him.

Anonymous
Reply

Posted on / Jun. 12, 2008 14:25:00

Re: Statue of Limitations Insurance Claims

This isn't an insurance claim. It's a personal injury claim. After 4-1/2 years such claims would normally be time-barred. It is quite possible, though, that when your husband dealt with the insurance company after the accident he signed a waiver of the limitations period. Alternatively, he may have signed an agreement to toll (temporarily halt) that period. Your husband should have an attorney deal with the insurer's attorney to find out why the company thinks it can still collect from him.

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