statue of limitations for filing a claim with insurance company

UPDATED: Oct 1, 2022

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statue of limitations for filing a claim with insurance company

While sitting in my parked car in front of school waiting to go to class, another at the school was driving a truck and while parking behind me he hit my car causing the car to move slightly, it did scratch the paint off my rear bumper on the driver’s side. I would like for his insurance company to repair this damage. I did get a copy of his drivers license and insurance card, I also took pictures of the damage to his truck and my car. This happened almost 3 months ago at about 9 am. Can I contact his insurance company now about this?

Asked on February 27, 2018 under Accident Law, Virginia


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

Answered 4 years ago | Contributor

You can contact the at-fault party's insurance carrier and file your claim for property damage (cost of repairs) to your car.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  These cases are usually settled without filing a lawsuit.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, you can sue the at-fault party for negligence.  Virginia has a five year statute of limitations for filing a lawsuit in which the auto accident only resulted in property damage (no injuries) which means a lawsuit must be filed prior to the five year anniversary of the date of the accident.
You can file your lawsuit in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.  You can enforce a court judgment in your favor with a wage garnishment against the defendant (party you are suing).
Again, most of these cases are settled with the at-fault party's insurance carrier without filing a lawsuit.

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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