What is the statute of limitations for collecting money from an insurance company regarding a car accident?

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What is the statute of limitations for collecting money from an insurance company regarding a car accident?

We are a utility company. An insurance company is telling me our 2 year statute of limitations is up for damage done to our property in a car accident but we have been in contact with them since the week after the accident. The statecode that I found says that the statute of limitations is 2 years to “commence” the collection.

Asked on February 29, 2012 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

"Commence" in this context means to institute a legal action or bring a lawsuit--that is, to file the complaint in the matter. It does not matter if you have been continuously in contact with the other party, negotiating with them, trying to resolve the situation, etc.--if you do not file the complaint prior to the expiration of the statute of limitions, you can no longer legally enforce any claim or debt.


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