Insurance stalling and statute of limitations is only a few days away...

by Danielle
(Salem, Oregon)

I was in a motor vehicle crash in which I sustained injuries as the result of the other party involved. While stopped at a red light, I was rear-ended. I have been receiving medical care for the past two years due to the injuries I sustained. The injuries are documented and attributable to the crash.

QUESTION: What are my options now that the statute of limitation is only a few days away? The insurance company has stated that they haven't obtained all the medical documents and therefore will only offer a very small settlement amount for a small fraction of the documented problems which I've incurred as a result of the crash.

What can I do? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Insurance stalling and statute of limitations is only a few days away...":

Danielle (Salem, Oregon):

Immediately seek the advice and counsel of a personal injury attorney. Once the statute of limitations expires, you will lose any legal recourse to sue the person who caused the property damage and/or injuries.

If the statute of limitations expires, the insurance company will likely still act in "good faith" and settle your claim. However, they will be under no legal obligation to pay you the amount of money you believe is fair. Instead, and if the statute of limitations expires, they will offer you what they believe is fair and nothing more.

At that point, you won't be able to do anything else but accept their offer. If you still believe it is unfair you will have no method of forcing them to offer you more money.

If you decide to file a lawsuit yourself, you must NOT sue the insurance company. To preserve your legal rights you must sue the person who caused the property damage and/or injuries. That person is the "insured."

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

Best of luck,

Judge Calisi

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