Auto Insurance Claims: Problem Adjuster, statute of limitation, statute of limitations


Question
Someone rear ended me in 2/05 and my statute of limitation is running out 2/08. I have tried to work with the adjuster and he is draging his feet on settlement one excuse after another. 7k in medical bills. Does the adjuster have to make an offer before the limitation runs out and what if we dont agree?

Answer
Hi Campbell,

It sounds like the adjuster is intentionally delaying in order to pass the statute of limitations. The statute of limitations is not a deadline for the adjuster to make you an offer, it is a deadline for you to be able to file a lawsuit against the at-fault person. Once the statute has passed the insurance company does not have to pay you anything because they know that you can no longer file a lawsuit.

You must protect yourself immediately. You should contact an attorney as soon as possible. Or you should go the the court house in the county where the at fault person lives. This is where you have to file the lawsuit. You can file the suit yourself in most cases. Once the law suit is filed your rights of recovery will be protected. You should do this as soon as possible. Do not wait until February just in case you do something wrong and have to refile you want enough time to get it done. I can't tell you string enough. DO NOT WAIT. FILE THE LAWSUIT NOW!!!!!

I hope this helps
Richard Hixenbaugh