What does the law state about filing and settling a claim?

UPDATED: Oct 1, 2022

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What does the law state about filing and settling a claim?

I was in a car accident in Louisiana on December 28, 2016. I contacted the
insurance company to make a claim. I faxed all paperwork over before the
one year deadline, December 28, 2017. However, they stopped taking my
calls and never got back to be before the one year was up. They waited
until after the one year anniversary to contact me and said there is nothing
they can do now. However, I have proof of my call logs to them and fax
logs that I sent before the one year anniversary. They were supposed to
contact me back.

What do I do next? Do I have a case?

Asked on January 3, 2018 under Accident Law, Louisiana


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

Answered 5 years ago | Contributor

If the statute of limitations is one year  and the case was not settled, and you did not file a lawsuit, you have lost your rights forever in the matter upon the expiration of the statute of limitations. The insurance company will deny your claim and you are barred by the statute of limitations from filing a lawsuit.

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