Is there a time limit on filing a medical clam with an insurance company after you are in an accident?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a time limit on filing a medical clam with an insurance company after you are in an accident?

This is regarding the passenger.

Asked on May 4, 2011 under Accident Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There are two different time periods which you may need to comply with:

1) First, there is the statute of limitations, or time to bring a legal action. This defines the maximum time you have to file a claim or sue, since after the statutue has passed, there is no way to legally enforce a claim. In West Virginia, the statute of limitations, or SOL, is 2 years from the time of the injury.

2) Second, if it is *your* insurer (e.g. you're not trying to press a claim on or against the other driver's insurance) then you need to comply with any time periods for providing notice of claim contained in your insurance policy. An insurance policy is a contract; it's terms are enforceable.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption