Is there a statute of limitation for filing an insurance claim?

UPDATED: May 7, 2014

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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