How long does filing a liability claim take?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long does filing a liability claim take?
An auto repir shop employee recently messed up a car I just bought by putting radiator stop leak in my oil and has to file a liability claim. Do you know how long this will take and if I need legal assistance?
Asked on August 20, 2012 under Business Law, Louisiana
Answers:
Craig Smith / Smith & John
Answered 12 years ago | Contributor
If you mean you filed a liability claim with the shop's insurer, there is no particular time for the payment of the claim. The insurer could take the position that it is not liable because the shop was reasonable in its actions or that you did something that was the cause of the problem. Ultimately, you have one year from the date the "stop leak" was put in your car to file a lawsuit. If the claim is not resolved within that time period and you have not filed a lawsuuit, your claim will be forever lost. Do not let it drag out because the insurer says it is "still looking at your claim." You need to put a specific date and time deadline on the insurer of when you must receive the claim payment or you will be forced to file a lawsuit. You should also put the deadline on the insurer months ahead of the one year lawsuit deadline to give you time to hire a lawyer. If the claim is not paid by the claim deadline, I would suggest you hire a lawyer immediately to prepare and file the 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 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.