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

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

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 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.

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