Is there a time limit of how fast I have to settle with an insurance company for a car accident?

I was wondering if there is a time limit on how fast I have to get back to a car insurance on if I want to keep my totaled car and get it fixed myself or take the settlement for the car replacement? I was in an accident 1 week ago and the other insurance wants to settle with me within the next 3 days?

Asked on October 7, 2011 under Accident Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

In Arizona, there is a two year statute of limitations in auto accident cases for a property damage claim.  This means if your case is not settled with the insurance company, you will need to file your lawsuit for negligence against the other driver prior to the expiration of the two year statute of limitations or you will lose your rights forever in the matter.  The statute of limitations expires two years from the date of the accident.

Arizona also has a two year statute of limitations in auto accident cases in personal injury claims.  If you were injured in the accident and the case is not settled with the other driver's insurance company, you will need to file your lawsuit for negligence against the other driver prior to expiration of the two year statute of limitations or you will lose your rights forever in the matter.

The personal injury claim is separate from the property damage claim. If you were injured in the accident, it would be premature to attempt to settle the personal injury claim until you complete your medical treatment and are released by the doctor because you wouldn't have your total medical bills, final medical report, and documentation of total wage loss which are the items needed to determine the amount of compensation you will receive in a personal injury claim.


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