What do I do if my claim reaches the Statute of Limitations?

UPDATED: Oct 1, 2022

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What do I do if my claim reaches the Statute of Limitations?

I rear ended an elderly man and his wife, who were pulling a boat. There were
originally 3 claims, 1 for each person due to soft tissue damage, and 1 for the
vehicle. The last time I spoke to my Claims Adjustor, they told me 2 of the 3
claims were closed, but one bodily injury claim was still open and that was all
they could tell me. In a week, we will have reached the Statute of Limitations
for Louisiana. What action do I need to take, if any? I have spoken to an
attorney, who has told me all we can do is wait. What happens next?

Asked on October 30, 2018 under Accident Law, Louisiana


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

Answered 4 years ago | Contributor

You don't need to take any action. 
If the statute of limitations tolls (expires) without a lawsuit being filed against you, the individuals, who were not at fault in the accident will have lost their rights forever in the matter. Your insurance company will then deny their 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 AttorneyPages.com 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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