Visitor Question

Denial of personal injury claim by adjuster…

Submitted By: Ashok (Wadsworth, IL)

I wrote a demand letter using an example on your website. It was for a compensation of fracture injury I suffered due to a fall which occurred 23 months prior to sending the claim to the insured of the business where I fell.

I received a letter after 2 months in response to my claim stating it was denied based on Illinois law statute of limitation of 24 months.

Since I filed my claim with the insurance agency within 23 months, is denial based on the statute of limitations appropriate? Is there a way pursue a law suit at this point?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ashok,

The Statute of Limitations actually refers to the time within which a party must file a LAWSUIT in the *Superior Court* of the county in which your accident occurred.

Unfortunately submitting a CLAIM to the *insurance company* within that period does not satisfy the legal requirement contemplated by the statute of limitations.

It is likely that the insurance adjuster knew you were running dangerously close to this period when they received your demand letter during the 23rd month.

This may explain why they waited until the 25th month to respond, just after the SOL had lapsed.

While they are required to advise you of the SOL for your jurisdiction, the fact that you waited so long to submit a demand letter may give them a justifiable excuse for failing to notify you that your SOL was fast approaching.

If you did not file anything in the superior court, you are likely going to be out of luck.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 12, 2010

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