QUESTION
On October 10, 2011 I was rear ended in a hit and run accident. I was diagnosed by 2 doctors with a head injury and a back injury. I hired a lawyer.
Asked on Jul 06th, 2014 on Automobile Accidents - Indiana
More details to this question:
He said he was claiming under my UIM (100k policy) Treatment ended in 12-2012. In 2/2013 I was asked for all my time off work and bills. in 3/23 I was told that he was busy with other cases until july but he would settle then. In aug. he said he was waiting for a letter from neurologist, but he didn't send the request letter until nov. dr letter said my injury was permanent, but he didn't like the short wording. He wanted another letter. I am still waiting. says i have a 10 year instead of 2 year statute and i need to be patient. IN march I told him to settle with the letter he had, he still has not even written a demand letter. I have been told we will settle in 2-4 weeks every time I called, now he won't even speak to me, has girl answering the phone just tell me nothing is new. In Oct 2012 he told me I would be getting a substantial amount, now he is saying it will be about 5k. I think he missed the deadline and is stringing me along.
1 ANSWER
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Dear Anonymous,
Because your claim for uninsured motorist coverage is contractual in nature, you are going to have to look at your insurance policy to determine what statute of limitations will apply. In Indiana, the statute of limitations for a tort is two (2) years from the date of the injury. However, in your case you would be suing your insurance company directly for a benefit that you have under your contract for insurance (uninsured motorist coverage). Some insurance policies will state that the statute of limitations to sue under the policy is the same as the tort statute, two (2) years. Other policies state that the limitations period is the standard six (6) years for breach of contract. However, because an insurance policy is a contract, and by signing it, you have agreed to its terms, shorter limitations periods have been upheld by Indiana Courts. Therefore, it is very important that you read and understand the applicable limitations period for filing a lawsuit under your specific insurance policy. If your attorney has missed the statute of limitations, then they may have committed legal malpractice, and you would have a claim against your attorney.
Chip
Answered on Jul 07th, 2014 at 6:52 AM