How long do I have to file

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How long do I have to file

A lady backed into my car while it was parked. How long do I have to
make a claim with her auto insurance

Asked on December 12, 2016 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In theory, you can file a claim at any point, but in practice, you can only do so while you can "back up" that claim with a lawsuit (or at least the threat of one), since if/when you can't sue, they can simply ignore your claim--you have nothing you can do to them if you can't sue. The statute of limitations, or time period within which you must sue in your state, for car damage is 6 years; since you want to leave yourself some time to actually file a lawsuit if necessary, assume you want to press you claim within 4 1/2 years of the accident.


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