What do I do if my claim reaches the statute of limitations?
Question Details: I rear-ended an elderly man and his wife, who were pulling a boat. There were originally 3 claims, 1 for each person due to soft tissue damage and 1 for the vehicle. The last time I spoke to my claims adjustor, they told me 2 of the 3 claims were closed but 1 bodily injury claim was still open and that was all they could tell me. In a week, we will have reached the statute of limitations in my state. What action do I need to take, if any? I have spoken to an attorney, who has told me that all we can do is wait. What happens next?
You don't need to take any action.
If the statute of limitations tolls (expires) without a lawsuit being filed against you, the individuals, who were not at fault in the accident will have lost their rights forever in the matter. Your insurance company will then deny their claim.
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