In an uninsured motorist claim, does the statute of limitations apply to the state your policy was contracted in, the state of accident, or state in which you currently live?

Question Details:

The accident occurred in 4 years ago in LA . We are a military family so we move a lot. The insurance policy at the time of the accident was contracted in KS. We began the uninsured motorist claim while living in FL. We now live in WA and are still working to negotiate a settlement. I don't want the statute of limitations to expire before we have reached a settlement or decided to arbitrate. Is the statute of limitations based on KS state law where the policy was contracted, FL where the claim was initiated, LA where the accident occurred, or WA where we are currently stationed?

Asked 12/21/2011 under Auto Accidents | 215 View(s) | More Legal Topics

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Auto Accidents Law Answers

Allan Ziffra / Rue & Ziffra, P.a. Answered 4 months ago | Contributor This attorney is licensed in Florida

Under Florida Law a uninsured motorist claim is deemed a contract claim and subject to the staute of limitations of the state where the contract was entered into. In Florida the uninsured motorist statute of limitations is 5 years. To be safe I would consult an attorney in Kansas to verify Kansas law and their SOL>

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