What is the statute of limitations for collecting money from an insurance company regarding a car accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the statute of limitations for collecting money from an insurance company regarding a car accident?
We are a utility company. An insurance company is telling me our 2 year statute of limitations is up for damage done to our property in a car accident but we have been in contact with them since the week after the accident. The statecode that I found says that the statute of limitations is 2 years to “commence” the collection.
Asked on February 29, 2012 under Accident Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
"Commence" in this context means to institute a legal action or bring a lawsuit--that is, to file the complaint in the matter. It does not matter if you have been continuously in contact with the other party, negotiating with them, trying to resolve the situation, etc.--if you do not file the complaint prior to the expiration of the statute of limitions, you can no longer legally enforce any claim or debt.
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 AttorneyPages.com 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.