Help with Arizona Statute of Limitation

[FootballDaddy-O]

What is the name of your state?I am having a bit of difficulty understanding exactly how the Arizona Statute of Limitation date is calculated based on what a Claims Examiner states in her letter as shown below.

In State of Arizona, the Satute of Limitations for bodily injury as a result of an automobile accident is 2 year(s). This means that you must either settle your claim or insitute legal proceedings within 2 year(s) from the date of the loss. If you do not either settle your claim or file a lawsuit by 4/19/05, you will have no further claim.


This automible accident with personal injuries occured on 4/19/04. As far as I am able to determine, the Arizona Statute of Limitation to settle or file legal action (proceedings) would be 2 years from the date of the accident, not counting the year in which this accident occured. So, in this matter the date to settle or file would be 4/19/06. As indicated above the Claims Examiner states the date runs on 4/19/05. Who is correct? I believe I am. Is this Claims Examiner using the 4/19/05 in error or a ploy to expedite a settlement to get rid of this claim quickly since she was assigned to this claim from another examiner who was transfered to another position.?

I would appreciate a response if I am correct in calcuating the date on which this matter needs to be settled or legal proceedings to be filed.

Thank You

 

[seniorjudge]

Looks like a typo.

 

[FootballDaddy-O]

Senior Judge - Still In A Quandry

Senior Judge

Thank You for your response to my post. But, I am still in a quandary as to when the time starts running based on the information I have found as stated below.

Accrual of Claims

A statute of limitations is said to start running at the time a claim accrues.(The date of this accident happened on 4/19/04) Ordinarily, that is the time at which an injury is suffered.


So, if the statement above is true, as mentioned this accident occured on 4/19/04 which would mean the time to file a claim would end as the Insurance Examiner stated in her letter on 4/19/05 Or, does the limitation in fact run until 4/19/06? Confusion.. Confusion

 

[seniorjudge]

Looks like a typo.

Still looks like a typo.

Ask the person who wrote the letter.

 

[FootballDaddy-O]

Accrual of Claims

What is the reference to the Accrual of Claims, stating the time begins at the time of injury?

 

[seniorjudge]

What is the reference to the Accrual of Claims, stating the time begins at the time of injury?

That means the SOL starts running at the time of the injury.

Here's a definition of accrual of claims:

Accrual of Claims: A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered.


That's a circular definition, but what it means is when all the bad stuff stops happening to you, then the claim has accrued and the SOL starts running. In a car wreck, of course, all the bad stuff usually happens all at once and that is when the claim accrues.

 

[FootballDaddy-O]

Adding More Confustion

Okay, I think I'm getting confused further with the SOL & AC I will leave at the fact that the injury took place 4/19/05 so in Arizona the SOL runs until 4/19/06 and this Claims Examiner needs to find a better calendar or go back through her training.

 

[seniorjudge]

Okay, I think I'm getting confused further with the SOL & AC I will leave at the fact that the injury took place 4/19/05 so in Arizona the SOL runs until 4/19/06 and this Claims Examiner needs to find a better calendar or go back through her training.

Or maybe her secretary needs to learn to type.