QUESTION
How long does a person have after an accident to file a claim?
Asked on Sep 08th, 2011 on Automobile Accidents - Colorado
More details to this question:
I rear ended someone in traffic. We immediately pulled over and exchanged info. We did not file a police report. I did not file the claim, as I was waiting for the person I hit to file the claim since he was the only one that had damage to his vehicle. He never filed the claim and now one month later, he is calling me to say he had an estimate done of the damage by a third party that is not my insurance. I told him that this is unnacceptable because he should have immediately filed a claim the same day as the accident and then would have been lead through the process and the repairs could have been completed by now. Since it has been a month, I am worried that he may try to pass off additional damage to his vehicle that was not caused by the accident. Please tell me if he can still file a claim even after all this time has passed without hearing from anyone.
1 ANSWER
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Yes, he can. I am not sure what the statute of limitations in Colorado is for personal injury or property damage, but I am sure that it is more than one month. He may have some contractual obligation to notify his insurance company immediately of the damage, but probably not. I am sure that the time period for the claim has not expired, but you are right to question anything he says about his damages - you are only responsible for the damages that you caused. So, just pay attention to what he claims, and go from there. Typically, your own insurance company would be handling this. I would notify your own company ASAP. Good luck.
Answered on Sep 14th, 2011 at 1:01 PM