by Guest » Tue Nov 15, 2011 06:20 pm
Hi,
I got rear ended about a month ago and had a hard time getting my truck into the shop for an estimate on any hidden damage. The insurance company of the at-fault driver already sent out their adjuster and gave me a written estimate and a check, but I haven’t cashed it as I need to get my shop's opinion of some needed repairs that aren't part of the initial estimate from the insurance company.
My question is - is there a time limit for getting the car looked at the shop and having the repairs actually completed? Thanks
I got rear ended about a month ago and had a hard time getting my truck into the shop for an estimate on any hidden damage. The insurance company of the at-fault driver already sent out their adjuster and gave me a written estimate and a check, but I haven’t cashed it as I need to get my shop's opinion of some needed repairs that aren't part of the initial estimate from the insurance company.
My question is - is there a time limit for getting the car looked at the shop and having the repairs actually completed? Thanks
Posted: Tue Nov 15, 2011 06:44 pm Post Subject:
The time limit is the statute of limitations in your state. It might be as little as a year, can be up to 4 or 6 years. As the insurance company has inspected the damage they should be able to tell if these additional damages are related or not. So their probably won't be an issue.
Posted: Tue Nov 15, 2011 08:04 pm Post Subject:
I had no idea there was a statute. Why would it matter as long as the "at fault" party had made restitution? I would think that unless you had a lienholder on the damaged vehicle you could take as long as you like.
Posted: Tue Nov 15, 2011 08:13 pm Post Subject:
The SOL is the time limit that you have t protect your right of recovery. That is, suit would need to be filed prior to that date in order to protect any rights. It does not matter is partial payment was made or not.
But I'm also pointing out that even with the smallest amount of time, 1 year, it should not be an issue.
Posted: Tue Nov 15, 2011 08:15 pm Post Subject:
Dan . . .
What tcope is referring to is the time allowed to bring a legal action against an insurance company. If a claim has not been resolved within the statute of limitations, the insured/claimant will be unable to bring a legal action after that time. They could still attempt to settle their claim against the insurer, but not with the force of the court behind them. At that point, the insurance company understands that the acronym SOL means something entirely different than Statute of Limitation -- something not in favor of the claimant.
Obviously, once a person has money in hand to make repairs, he/she can take all the time they want to do so. A lienholder may have a different opinion, and their contract may address a requirement of the loan as maintaining the vehicle in proper working condition.
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