Bad Faith - Statute of limitations?

[Techs]

Indiana

Is it considered bad faith if an auto-insurance company takes 6 months after treatment is completed to offer a settlement? Does the statute of limitations still apply if the reason the statute is reached is due to this delay (examples of delays include the insurance co. not requesting medical records until 3 months after they were notified treatment was complete and at this time settlement was also requested).

 

[moburkes]

Indiana

Is it considered bad faith if an auto-insurance company takes 6 months after treatment is completed to offer a settlement? Does the statute of limitations still apply if the reason the statute is reached is due to this delay (examples of delays include the insurance co. not requesting medical records until 3 months after they were notified treatment was complete and at this time settlement was also requested).

Do you have an attorney? What is the SOL in your state?

 

[seniorjudge]

Indiana

Is it considered bad faith if an auto-insurance company takes 6 months after treatment is completed to offer a settlement? Does the statute of limitations still apply if the reason the statute is reached is due to this delay (examples of delays include the insurance co. not requesting medical records until 3 months after they were notified treatment was complete and at this time settlement was also requested).

The general rule is that it is up to you to watch the clock.

If time gets close, then you sue and continue negotiating.

 

[Techs]

No
SOL is 2yrs and almost up; I don't want to seem ridiculous asking someone to represent me if it's simply stupidity on my part for trusting the insurance (lots of assurances along the way, followed by a take it or leave it settlement offer less than one week before the statute that denies 95% of the claim (percentage based on actual expenses only)

 

[seniorjudge]

No
SOL is 2yrs and almost up; I don't want to seem ridiculous asking someone to represent me if it's simply stupidity on my part for trusting the insurance (lots of assurances along the way, followed by a take it or leave it settlement offer less than one week before the statute that denies 95% of the claim (percentage based on actual expenses only)

If the insurance company has not put anything in writing, then you best get to a lawyer today.

 

[Techs]

The week before the offer they sent a letter advising me of the statute (addressed to ___ instead of my first name and "Ms" with my last name instead of "Mr." to open the letter, which was odd). They have faxed the "General Release" as well, 3 days after the offer (My name is misspelled, and they have asked my wife to sign as well, plus they deny all liability even though I have a letter from a month after the accident in which they accepted liability). Can a suit be filed in days or does that refer me back to your reply to get to an attorney today?

 

[seniorjudge]

The week before the offer they sent a letter advising me of the statute (addressed to ___ instead of my first name and "Ms" with my last name instead of "Mr." to open the letter, which was odd). They have faxed the "General Release" as well, 3 days after the offer (My name is misspelled, and they have asked my wife to sign as well, plus they deny all liability even though I have a letter from a month after the accident in which they accepted liability). Can a suit be filed in days or does that refer me back to your reply to get to an attorney today?

Look...get a lawyer or forget it.

 

[Techs]

Thank you.

 

[ecmst12]

You are going to have a lot of trouble finding a lawyer that will take your case at this late date. Just to warn you.