What do I do if my claim reaches the Statute of Limitations?

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What do I do if my claim reaches the Statute of Limitations?

I rear ended an elderly man and his wife, who were pulling a boat. There were
originally 3 claims, 1 for each person due to soft tissue damage, and 1 for the
vehicle. The last time I spoke to my Claims Adjustor, they told me 2 of the 3
claims were closed, but one bodily injury claim was still open and that was all
they could tell me. In a week, we will have reached the Statute of Limitations
for Louisiana. What action do I need to take, if any? I have spoken to an
attorney, who has told me all we can do is wait. What happens next?

Asked on October 30, 2018 under Accident Law, Louisiana

Answers:

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

Answered 5 years ago | Contributor

You don't need to take any action. 
If the statute of limitations tolls (expires) without a lawsuit being filed against you, the individuals, who were not at fault in the accident will have lost their rights forever in the matter. Your insurance company will then deny their claim.


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