QUESTION
How long do you have to file a insurance claim against another persons insurance company, if a loved one was killed in a car accident?
Asked on Jun 20th, 2013 on Personal Injury - Rhode Island
21 ANSWERS
Ronald A. Steinberg
The sooner the better, but certainly before the Statute of Limitations expires.
Answered on Aug 12th, 2013 at 11:32 AM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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It has to be filed against the at fault party, not the insurance carrier. An estate proceeding needs to be started in order to get a Personal Representative appointed to pursue the action. You should contact an attorney immediately as the action is only tolled for awhile due to the death.
Answered on Jun 22nd, 2013 at 3:57 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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2 years in North Carolina. It varies from state to state
Answered on Jun 21st, 2013 at 10:39 AM
Lisa Hurtado McDonnell
The statute of limitation is four years from date of accident.
Answered on Jun 21st, 2013 at 10:38 AM
The statute of limitations on a negligence action is three years. Other limitations may apply, depending on the facts and what actually caused the death. However, you should consult with an experienced personal injury attorney regarding who has the right to bring an action on behalf of a deceased person and who may claim damages for their death and injuries. Act immediately, to gather evidence and put the steps in place for a proper wrongful death claim.
Answered on Jun 21st, 2013 at 10:37 AM
You have to first determine who is able to sue or make a claim and then find out from the driver/owner at fault who their insurance company is. You do not directly make a claim with the insurance company. it may be the estate of the deceased who can file or family members for a wrongful death claim, which needs to be filed within two years but is best to file ASAP. Contact an attorney who handles personal injury cases. You may decide that it is much cheaper to pay an hourly fee than a percentage of the final settlement or award. You also need to find out what the insurance limits are of the driver of the car as often they have only a minimum $15,000 policy and then the deceased might have to go after their under-insured own insurance coverage.
Answered on Jun 20th, 2013 at 8:42 PM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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You have 3 years to sue. However, you will need have someone appointed by the court to bring an action on behalf of the estate of the deceased.
Answered on Jun 20th, 2013 at 8:37 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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It depends who was at fault and many other factors, while it could be as little as six (6) months. You should immediately contact an attorney. Most carriers will not properly take action to protect you and your interests. For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers. Recently CNN's Anderson Cooper conducted an undercover investigation into these tactics. If you have any doubt that you will require the aid of an attorney to resolve your claim and or to be compensated adequately for your damages, we ask that you take a few minutes and review these four links below, in the order they appear.
Answered on Jun 20th, 2013 at 8:01 PM
James Eugene Hasser
In Alabama, you have 2 years from the date of death to sue the other driver. However, you can't sue the insurance company.
Answered on Jun 20th, 2013 at 8:01 PM
2 Awards
The period of limitations in Louisiana for a personal injury claim is generally one year from the date of the incident. This can vary depending on a number of facts and whether a suit has been filed against other parties involved.
Answered on Jun 20th, 2013 at 8:01 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That would be 4 years.
Answered on Jun 20th, 2013 at 8:00 PM
Two years from the date of the accident if it occurred in Nevada.
Answered on Jun 20th, 2013 at 8:00 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Tort claim you must commence suit within 3 years from the date of the accident. The best advise you can get is to hire an attorney immediately. Insurance companies take these claims seriously and will try every underhanded tactic they can to cheat the survivors out of just compensation. Proceed at your own peril if you choose to represent yourself.
Answered on Jun 20th, 2013 at 8:00 PM
1 Award
If it happened in Wisconsin, the case must be brought within three years of the date of the accident.
Answered on Jun 20th, 2013 at 8:00 PM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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In California you generally have two years to file the lawsuit in the Court for this type of matter. However, there are exceptions, i.e. 6 months to file a Claim, if against a governmental entity.
Answered on Jun 20th, 2013 at 7:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That will depend on the jurisdiction, commonly varying from 2 to 6 years.
Answered on Jun 20th, 2013 at 7:57 PM
Thomas Edward Gates
You have three years from the time of the accident before the statute of limitation runs out. If you are expecting a delay in submitting a claim, have all witness write down their observations. Over time, people forget the details.
Answered on Jun 20th, 2013 at 7:56 PM
Medical Malpractice Attorney serving Valparaiso, IN
Partner at
Langer & Langer Attorneys at Law
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For a motor vehicle wrongful death action in the state of Indiana, you must file suit against the wrongdoer within two years of the date of death. You must open an estate. The persons who are entitled to damages are stated in the Wrongful Death Act.
Answered on Jun 20th, 2013 at 7:56 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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The Statute of Limitations in WA for wrongful death is 3 years.
Answered on Jun 20th, 2013 at 7:55 PM
NA richard@jandjlaw.com
In WA generally no set time to make an insurance claim, but the limitation of action statute for filing suit is 3 years from the accident date.
Answered on Jun 20th, 2013 at 7:55 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan No Fault Benefits are collected from the injured person's own car insurance and there is a 1 year statute for the most recent allowable benefit to sue the insurer if they don't pay (also there has to be written notice of the claim within 1 year of the crash to trigger the availability of benefits). The Estate of the decedent generally has 3 years within which to sue an at fault driver and the owner of the vehicle that caused the crash. You do not sue the insurer of the offending vehicle, although they respond, defend and can pay any settlement or verdict up to their policy limits. There are other, lesser time limit statutes if there is a dram shop action or a highway defect action + there are strict Notice provisions in re: those 2 types of claims. You would best consult a local Michigan lawyer who regularly handles auto crash cases for specific advice on all of the specific facts of the matter; however, only the Personal Representative of the decedent's Estate can bring the claim/hire the lawyer.
Answered on Jun 20th, 2013 at 7:20 PM