Is there a time limit on filing a medical clam with an insurance company after you are in an accident?
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Is there a time limit on filing a medical clam with an insurance company after you are in an accident?
This is regarding the passenger.
Asked on May 4, 2011 under Accident Law, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are two different time periods which you may need to comply with:
1) First, there is the statute of limitations, or time to bring a legal action. This defines the maximum time you have to file a claim or sue, since after the statutue has passed, there is no way to legally enforce a claim. In West Virginia, the statute of limitations, or SOL, is 2 years from the time of the injury.
2) Second, if it is *your* insurer (e.g. you're not trying to press a claim on or against the other driver's insurance) then you need to comply with any time periods for providing notice of claim contained in your insurance policy. An insurance policy is a contract; it's terms are enforceable.
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