Is there a statute of limitation for filing an insurance claim?
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Is there a statute of limitation for filing an insurance claim?
I was in a very bad accident that almost killed me several years ago. I was not able to file insurance claims because I was in a coma. I suffered from memory loss for many years; I did not remember the accident. Now that I remember the details, can I still file an insurance claim with my old insurance company?
Asked on May 7, 2014 under Personal Injury, Nebraska
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you were not at fault in the accident, your personal injury claim should have been filed with the at-fault party's insurance carrier. If the at-fault party did not have insurance and you had uninsured motorist coverage, then your claim should have been filed with your insurance carrier. Your claim should have included your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills based on the information in the medical reports which document the nature and extent of your injury. Compensation for wage loss is straight reimbursement.
The problem however is that Nebraska has a four year statute of limitations in personal injury cases which means that your lawsuit against the at-fault party for negligence must be filed within four years of the date of the accident. If you were a minor at the time of the accident, the four year period does not start running until your 20th birthday.
If the case is NOT settled with the insurance company and your lawsuit is not filed prior to the expiration of the applicable statute of limitations, you will lose your rights forever in the matter.
If you have missed the statute of limitations, the at-fault party's insurance carrier will ignore your claim and it is too late to fila a lawsuit against the at-fault party.
If you have NOT missed the statute of limitations, file your lawsuit immediately.
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