QUESTION
How long can I take to try to settle with the insurance company?
Asked on Dec 02nd, 2014 on Personal Injury - California
More details to this question:
I was rear ended. They are not being nice at all so I want to know how long.
3 ANSWERS
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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If you do nothing after two years your rights will expire and you get nothing, so if you do not reach an agreement with the insurance adjuster about the value of the claim, you must file a complaint in court before the two years is up. There is no code section requiring an insurance company to (1) be polite or (2) pay you anything or (3) pay on a certain deadline. If you do not put your demands in writing with deadlines and file and serve a complaint by the deadline, the adjuster can just ignore you forever.
Answered on Dec 05th, 2014 at 10:54 PM
You can take whatever period of time you want to try to settle but in California you must file a lawsuit as to your personal injuries, wage loss, medical bills, pain and suffering, and permanent injuries within two years of the date of the accident and for the property damage, loss of use, rental expenses, etc. within three years. When you file for personal injuries you would also sue for the property damages. If you are getting no where with the insurance company, tell them that and that you are now going to consult with an attorney to see about being represented since that will result in their offering more. Then speak to several personal injury attorneys and see what they say the case may be worth and which one you want to retain. Normally, you will get a larger settlement offer if you are represented, but you will also have to pay about 1/3rd of the non-property damages to the attorney. Most attorneys will give you a free 15-20 minute consultation to see if they can get you as a client. If your case is worth less than $5,000 [sometimes even $15,000] it will be difficult to find someone who will represent you. Good luck.
Answered on Dec 04th, 2014 at 12:48 PM
Edwin K. Niles
Two year statute of limitations for injuries.
Answered on Dec 03rd, 2014 at 4:40 PM