QUESTION
March 2010 had an accident in Alabama, lived in Louisana. Can they close the claim at the 2yr anniversary?
Asked on May 11th, 2012 on Automobile Accidents - Louisiana
More details to this question:
The other driver insurance was very good at taking care of us and our medical nees until they wanted to settle. I did not want to sign the settlement at first because of an outstanding dental bill they refuse to pay for. This adjuster contacted me over 22 times thru my e-mail and two yr anniv. came around she sent me a letter to an address we were not living at. She also knew we traveled alot with my huisbands work. She said she sent 2 letters December 2011 and got no response or a return. So March of 2012 they closed the claim. I found out when I called to get a copy of the dental bills for my insurance company and that is when I was informed that by Alabama Law they had the right to close out the claim.
My problem is this, if this lady contacted me by e-mail for almost 2 yrs and sent the settlement by e-mail, don''t you think after getting no response from me she should have sent an e-mail letting me know I was about to lose a little over $2,000.00? Can she do this?
1 ANSWER
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John Bisnar
Yes, the insurance company can refuse to pay anything further after the statute of limitations has run. Check with a local personal injury attorney to see if any of the exceptions to the statute of limitations apply to your situation.
A statute of limitations is a law that sets a time limit after an event within which legal proceedings based on that event may be initiated. After the passage of the time limit the courts have no jurisdiction over claims arising out of the event.
Once the statute of limitations passes, generally insurance companies will not honor a claim because the injured party's legal right to be compensated has expired. It is common for insurance companies to employ different strategies to facilitate the failure of claimants to file their claims timely.
John Bisnar
BISNAR|CHASE, Personal Injury Attorneys
www.BestAttorney.com
800-956-0123
Answered on May 12th, 2012 at 3:36 PM