Visitor Question

How do I file a claim extension with an insurance company?

Submitted By: Marlies (Redding, California)

The 2 year anniversary date of being injured will be in 3 months. I was a passenger in a car at the time of the accident. The driver was at fault. Partnership Health Plan Ca. paid all hospital and medical bills. I have a lien to Reimburse with settlement. My last doctors appointment was 9/26/17. I have no more personal insurance after that date, so no more therapy etc..

I have copies of all bills and am sure California Casualty does too. I have contacted the Claims Adjuster and keep getting the run around. No settlement offer had been presented. I need to write California Casualty a letter and ask for an extension beyond the 2 yr statute.

How do I format that letter? Should it be sent certified mail? I appreciate any feedback. Thank you.

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 Marlies,

You must take immediate action. It is very unusual for a 3rd party insurgence company to give an “extension” of time past the date of the expiration of the statute of limitations. To do so would be against their self-interests.

No mater how nice and empathetic the claims adjuster may be, whether sincere or not, once the statute of limitations period expires the insurance company has no legal duty to compensate you.

The California Statute of Limitations for personal injury claims is two (2) years. This means one of three things must happen before the expiration of the two year “anniversary” date of the injury:

  1. Settle your injury claim with the claims adjuster representing the driver’s insurance company. Doing so prior to the expiration of the statute of limitations will insure you are fairly compensated, and end the claim.
  2. File a personal injury lawsuit within the same two (2) year period. Once the lawsuit is filed, the statute of limitations is effectively “tolled,” meaning the statute no longer applies, whether it takes one month or several years to finalize your claim.
  3. Seek the advice of several personal injury attorneys in your area. Most personal injury attorneys do not charge for initial office consultations. After visiting with several you will have a good idea of the viability of your claim, and its likely outcome.

To read California’s Statute of Limitations law go to California Revised Statutes, Title 2,Chapter 3 – Section 335

Learn more here: Statute of Limitations

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 with your claim,

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