WE REPOSSED A VEHICLE IN MARCH THE INSURANCE WAS CANCELLED IN DECEMBER. THE DAMAGE WAS DONE IN NOVEMBER. IS THERE A TIME LIMIT ON HOW LONG WE HAVE TO FILE IN TEXAS?
Total Comments: 5
Posted: Fri Apr 02, 2010 05:53 pm Post Subject:
Are you the lein holder? Most lein holders file withing 48 hours of repo of a vehicle. Why have you not filed?
Posted: Fri Apr 02, 2010 05:58 pm Post Subject:
The time limit is the statute of limitations as it applies to 1st party contracts in TX. I'm sure it's at least a few years.
As Trench indicates, there will be some question as to when the damage occurred (before you took possession of it or after) as I see little reason why you would not have reported it right away.
Posted: Fri Apr 02, 2010 08:51 pm Post Subject:
Yes we are the lien holder. When we took possession of the vehicle it was after hours and on a weekend, so no one was here to file a claim at that time. The claim was filed on the following Monday. The ins co came and looked at the veh and stated we only have 45 days from cancellation to file a claim. But unfortunately we did not have the vehicle at the time of cancellation and did not know about the damage. My question is where in TX law does it say that the lien holder must file by 45 days after cancellation. Does anyone know anything about this?
Posted: Fri Apr 02, 2010 10:54 pm Post Subject:
Has your claim been denied in writing? If so, does it state this reason for denial? Have you asked them if their policy states this of if there is statute to support this (as your asking here).
Also, is it possible that someone in the _agents_ office told you this and that they did not turn the claim into the insurance company?
I've never heard of this time limit and it seems to run in the face of state law (statue of limitations).
45 days is a common time frame. I've seen it apply to the time an insurance company must allow before the cancel a policy. I'm wondering if there is not some confusing in this matter.
Posted: Sat Apr 03, 2010 03:54 am Post Subject:
The ins co came and looked at the veh and stated we only have 45 days from cancellation to file a claim.
Huh? When was it inspected? Why didn't you do it then? If there wasn't coverage for it beyong the "45 days", why would they have bothered to inspect it? I do this weekly for lein holders that are out of state. You don't have to have physical possession of the vehicle in any state to process the claim. Don't you have access to any IA's? I have a 2005 Mustang GT in my drive way right now that belongs to a lein holder in Florida. I am taking it to a repair shop on Monday for the repairs and then after it's repaired it goes to auction or it getds shipped back to them. I am a little concerned that you don't know how this works. Are you in Texas?
Posted: Fri Apr 02, 2010 05:53 pm Post Subject:
Are you the lein holder? Most lein holders file withing 48 hours of repo of a vehicle. Why have you not filed?
Posted: Fri Apr 02, 2010 05:58 pm Post Subject:
The time limit is the statute of limitations as it applies to 1st party contracts in TX. I'm sure it's at least a few years.
As Trench indicates, there will be some question as to when the damage occurred (before you took possession of it or after) as I see little reason why you would not have reported it right away.
Posted: Fri Apr 02, 2010 08:51 pm Post Subject:
Yes we are the lien holder. When we took possession of the vehicle it was after hours and on a weekend, so no one was here to file a claim at that time. The claim was filed on the following Monday. The ins co came and looked at the veh and stated we only have 45 days from cancellation to file a claim. But unfortunately we did not have the vehicle at the time of cancellation and did not know about the damage. My question is where in TX law does it say that the lien holder must file by 45 days after cancellation. Does anyone know anything about this?
Posted: Fri Apr 02, 2010 10:54 pm Post Subject:
Has your claim been denied in writing? If so, does it state this reason for denial? Have you asked them if their policy states this of if there is statute to support this (as your asking here).
Also, is it possible that someone in the _agents_ office told you this and that they did not turn the claim into the insurance company?
I've never heard of this time limit and it seems to run in the face of state law (statue of limitations).
45 days is a common time frame. I've seen it apply to the time an insurance company must allow before the cancel a policy. I'm wondering if there is not some confusing in this matter.
Posted: Sat Apr 03, 2010 03:54 am Post Subject:
The ins co came and looked at the veh and stated we only have 45 days from cancellation to file a claim.
Huh? When was it inspected? Why didn't you do it then? If there wasn't coverage for it beyong the "45 days", why would they have bothered to inspect it? I do this weekly for lein holders that are out of state. You don't have to have physical possession of the vehicle in any state to process the claim. Don't you have access to any IA's? I have a 2005 Mustang GT in my drive way right now that belongs to a lein holder in Florida. I am taking it to a repair shop on Monday for the repairs and then after it's repaired it goes to auction or it getds shipped back to them. I am a little concerned that you don't know how this works. Are you in Texas?
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