statue of limitations for filing a claim with insurance company

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statue of limitations for filing a claim with insurance company

While sitting in my parked car in front of school waiting to go to class, another at the school was driving a truck and while parking behind me he hit my car causing the car to move slightly, it did scratch the paint off my rear bumper on the driver’s side. I would like for his insurance company to repair this damage. I did get a copy of his drivers license and insurance card, I also took pictures of the damage to his truck and my car. This happened almost 3 months ago at about 9 am. Can I contact his insurance company now about this?

Asked on February 27, 2018 under Accident Law, Virginia

Answers:

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

Answered 2 years ago | Contributor

You can contact the at-fault party's insurance carrier and file your claim for property damage (cost of repairs) to your car.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  These cases are usually settled without filing a lawsuit.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, you can sue the at-fault party for negligence.  Virginia has a five year statute of limitations for filing a lawsuit in which the auto accident only resulted in property damage (no injuries) which means a lawsuit must be filed prior to the five year anniversary of the date of the accident.
You can file your lawsuit in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.  You can enforce a court judgment in your favor with a wage garnishment against the defendant (party you are suing).
Again, most of these cases are settled with the at-fault party's insurance carrier without filing a lawsuit.


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