How long can someone file an insurance claimafter an auto accident?

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How long can someone file an insurance claimafter an auto accident?

I was in an accident in 2008; I was ticketed driving too fast for weather conditions. The other person only sustained minor damage to his vehicle (dent in the front) and suffered a busted lip. When he was taken to the ER he refused medical treatment. Now in 2011 I was served with papers stating his insurance company was suing me for almost $12,000.

Asked on January 29, 2011 under Accident Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The short answer is someone usually doesn't have very long to file an insurance claim after the accident -- the point of injury.  Usually your insurance company will give you one year based on your state's law but check your policy and check your state law on tort violations from accidents. Sounds like the insurance company (yours and his both fell down on the job). Did the summons you were served include your insurance company as a respondent, defendant? Most likely they were not if he waited this long to serve.  In which case, his lawyer or insurance company may have a viable claim if the statute of limitations is three years in your state.  Contact your insurance company immediately, fax a copy of the summons over and begin discussions with your assigned representative immediately. Your insurance company may have to hire a lawyer to defend you on this one; don't back down, insist the company take care of your issues. If the company doesn't, it could be in serious violations of state insurance consumer protection laws.


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