Auto Insurance Claims: ins claim, auto insurance claim, affirmative duty


Question
i was involved in a car accident jan 2006 i got a letter from ins company they needed my doctor bills before jan 8 2006 the bills were faxed to them on 1-2-2008 they left a message saying they recieved bills to call them when i called today i was told that im not getting anything they recieved biils requested before statue ran out can they do that

Answer
If they give you fair warning (a letter telling you that you needed to send the bills) before the statute runs, then yes they can.

Looks like you waited to fax the bills in 2008 but they wanted the bills in 2006? I am no sure I am following all your dates. you got in an accident in January and they wanted the bills 8 days later? That sounds incorrect. If that is what is happening, then you need to talk to a lawyer.

The insurance company has an affirmative duty to tell you that the statute of limitations will expire. They must do this with diligence and one letter does not qualify. The only reason why they do not have to do this is because you are represented by an attorney. In which case, the attorney must tell you.

Good Luck,

CQ
http://www.auto-insurance-claim-advice.com