How long does filing a liability claim take?

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How long does filing a liability claim take?

An auto repir shop employee recently messed up a car I just bought by putting radiator stop leak in my oil and has to file a liability claim. Do you know how long this will take and if I need legal assistance?

Asked on August 20, 2012 under Business Law, Louisiana

Answers:

Craig Smith / Smith & John

Answered 8 years ago | Contributor

If you mean you filed a liability claim with the shop's insurer, there is no particular time for the payment of the claim. The insurer could take the position that it is not liable because the shop was reasonable in its actions or that you did something that was the cause of the problem.  Ultimately, you have one year from the date the "stop leak" was put in your car to file a lawsuit.  If the claim is not resolved within that time period and you have not filed a lawsuuit, your claim will be forever lost.  Do not let it drag out because the insurer says it is "still looking at your claim."  You need to put a specific date and time deadline on the insurer of when you must receive the claim payment or you will be forced to file a lawsuit.  You should also put the deadline on the insurer months ahead of the one year lawsuit deadline to give you time to hire a lawyer.  If the claim is not paid by the claim deadline, I would suggest you hire a lawyer immediately to prepare and file the lawsuit.


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