Can an insurance claim be filed a year after a miner accident?

A little over a year ago while
at a stoplight my daughter’s
car slowly rolled into the car
in front of her. No damage was
done to either car and police
weren’t called. She did give
the other driver her insurance
information and then other
driver left. Now it is a little
over a year later and my
daughter just got a letter
saying a Insurance claim has
just been filed. Is this legal?

Asked on January 19, 2018 under Accident Law, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The insurance claim can be filed because the statute of limitations has not expired.
In Oregon, there is a two year statute of limitations in an auto accident case where there were injuries and a six year statute of limitations where there were no injuries; just property damage.The two year and six year periods are from the date of the accident.
Since there weren't any injuries or property damage in your daughter's accident, the claim that was filed more than a year after the accident, appears to be fraudulent. Your daughter should notify her insurance company in writing of what appears to be a fraudulent claim.


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