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  1. #1
    john etler is offline Junior Member
    Join Date
    Jul 2005
    Posts
    3

    collecting underinsurance after statute of limitations

    What is the name of your state?California

    am an auto accident victim.
    my question concerns the successful transition past the 2-year statute of limitations for collecting UNDERinsured motorist from my auto insurance company. to secure my claim against my own insurance company for underinsured motorist, what must i do regarding the 2-year statue of limitations for suing/settlement?

    back ground information:

    am a pedestrian victim of a high profile auto accident two years ago, in which many people were killed and many more injured. the driver (and possibly local government as well as companies might be) is liable for Billions of dollars. accident is still in "discovery" or "investigation" mode, so the driver's insurance company has not paid out a dime yet.

    my auto insurance company, based in wisconsin, covers myself as a pedestrian injured by an automobile. myself: medical and other expenses as well as pain and suffering, suffered. my insurance company is playing hardball w/ advice.

    personal police report was filed (amongst the many other victims). claim filed w/ my insurance company and has been acknowledged. letter officially notifying driver's insurance company was mailed and acknowledged by insurance company.

    thank you.
  2. #2
    Meatcutter is offline Member
    Join Date
    Jul 2005
    Location
    Ohio
    Posts
    108
    You might want to check, in most states the statute of limitation on UM/UIM claims is not 2 years from date of accident. The UM/UIM statutes are usually 3-5 years from the date that you realize a UM/UIM claim is necessary. Usually this is the date that the at-fault insurance company notifies you they don't have enough liability coverage to pay your damages.

    Give it a check.
  3. #3
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
    Posts
    7,790
    you have already made your claim with your carrier. Once you are able to reach settlement with AAA then you can proceed with your UIM claim depending on the extent of your injuries. The driver of the car really doesn't have enough insurance to cover the multiple deaths and injuries.

    Is your UIM insurance coverage at least $100,000?
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.

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