QuestionMy son was in a car accident in August of 2002, his friend was driving. My son received an injury to one of his fingers which involved surgery. The insurance company offered a settlement of 5000.00 dollars for permanent disfigurement of the finger in November of 2003. The catch is that he never responded to the offer as he enlisted in the army soon after and subsequently went to Iraq, is the statue of limitations up for him to accept this settlement?
AnswerHello again, Terry,
I think your son still has an enforceable claim since the statute of limitations is tolled (stops running) during all time your son was under age 18, and for all the time he was overseas.
Directory of legal information on personal injury statute of limitations
http://www.settlementcentral.com/page0452.htm
Here is how it might work in your son’s case. Let’s see that he was just 16 exactly on the day of the accident. Hence, the statue of limitations will be tolled or stopped UNTIL HIS 18TH BIRTHDAY.
Then, let’s say that he was overseas with the army for one year during 2006. So, in summary, the statue started running in 2004, and it runs for two years until 2006, when it is tolled again. It starts running again when he returns again at the beginning of 2007.
Hence, he would likely still have a claim in most states.
Just do the math, and if you are confused, then contact one of the attorneys in your state or county bar association Lawyer Referral Service. They will give full help for something like $40 per hour.
As for the settlement, NO, it is not still there. The company had every right to rescind it when it was not accepted five years ago. But that does not mean that they are going to ignore your son’s clam. He will just start over with a short demand letter http://www.settlementcentral.com/page0170.htm (insurance claim demand letter sample ideas) that will demonstrate the value of the claim to be in excess of the $5,000. Then the insurance company will reinstate the offer to settle, hopefully somewhere around the fist offer, or more.
Even if the statute of limitations has run, STILL FIGHT ONWARD WITH A DEMAND LETTER. Make them know that your son is willing to carry his claim forward and see if you cannot finesse some insurance settlement money.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
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Hi Terry,
Dr. Settlement tried to sneak away for a long weekend, and look what happened: busted. I am accessing my e-mail at our hotel while the best of our half is getting ready for our outing tonight, so I will not have time to answer your question until late Sunday night.
I just wanted you to know that I had not forgotten you, and I hope that this delay will not cause you any inconvenience.
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
