What is the time frame to sue an insurance company for an accident?

by Melissa

I had an accident 1 yr ago I hit 2 deer jan 1,2012 and the car was damaged pretty bad(I have witnesses who were behind me and saw everything).

One is a credible witnesses, he is the town mayor. I called insurance to make a claim and the adjuster was supposed to come out and assess the damage; however, they never showed up.

I rescheduled again but cancelled due to terminal family member's illness and ultimate death.

Then the following month. on feb 10,2012 I totaled that car when I hit two dogs. The adjuster came out to do what they do. I answered questions and he took pictures. At time the adjuster totaled the car and said he would get back with me.

I went on to the hospital when I pulled in my drive I noticed car was gone! So I called insurance and they had it towed to their impound lot. Then I was sent papers from the insurance company to sign instructing me to send keys to the vehicle and so forth asap in the NEXT DAY ENVELOPE!

I didn't because I never asked the car to be towed in. Then there was a death and I needed a rental. They did get me a rental but stated it was to be returned in 2 days. I explained my situation concerning family member had. I was allowed to keep the rental another 2 weeks. Then after. 2 or 3 weeks the adjuster calls me back with a ridiculous low ball settlement which didn't even cover my medical bill (my ankle and arm was sprung according to my x-rays).

The doctor put me in a sling and brace bandaged my ankle and sent me on my way. That was it.

I sent the bills in as directed by adjuster and never heard a thing back from the company after I refused his offer. Finally eight months later I called to find out what was going on with my claim and it was closed (I was forgotten).

They opened and I was sent a $4,500 check but I was not satisfied since here I was without a vehicle for eight months and unpaid medical bills approximate $350- $500 bucks.

My car sold at auction for 500 bucks. I never signed a release or waiver to close the claim and I just purchased a vehicle (not what I wanted but I had to buy a vehicle)i used the insurance check as a down payment


Answer to What is the time frame to sue an insurance company for an accident?

Hello Melissa,

Thank you for your question. It is up to your state law to see how long you have to initiate a formal lawsuit against your carrier. Talk to a local attorney.

Here, it sounds like you hit a deer and two dogs. It is unlikely that you can recover for pain and suffering and the cost of rental for eight months. However, you can argue that since you did not receive a check, that you should be reimbursed for those expenses. Not really the strongest argument but you can make it.

Lastly, you could try to seek recovery against the dogs owners (if there is a leash law or something similar).

At any rate, your case is complicated and you should talk to an attorney locally to see how to proceed.

Good Luck,
Auto Accident Claims