How long do i have to resolve a claim?
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How long do i have to resolve a claim?
I was in an accident just over 5 months ago. I was rear-ended by another vehicle while in a left turn lane.The driver of the car that hit me claims he was pushed into me. So his insurance company denied to my claim.
Asked on March 14, 2018 under Accident Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First of all, the responsible party for this accident is the one who was last to rear-end the car in front of them. In this case that would be the car that rear-ended the car that hit you. Accordingly, your claim should be filed with that last driver's insurance company. If their was no "last" car, then you can file a claim with the insurance company of the driver who it you. However, since it has denied the claim, you will need to sue in court for your damages. That having been said, the police report may show that the driver who hit you was at-fault, in which case you can re-submit your claim. As for the statute of limitations, in your state there statut of limitations for an auto accident is 2 years.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Texas has a two year statute of limitations for filing a lawsuit in an auto accident case. Your only recourse since your claim was denied is to file a lawsuit.
If the driver who rear-ended you was pushed into you, that driver is not liable. The liable party is the party whose car pushed the car into you. Your claim should be against that driver through his/her insurance carrier.
If there wasn't any driver who pushed the car into you, your only recourse is to sue the at-fault party for negligence.
The two year statute of limitations means that your lawsuit must be filed prior to the second anniversary of the date of the accident.
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