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How much time does the other party have to file a claim with your insurance company?

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zkwu

Junior Member
What is the name of your state (only U.S. law) NJ?

I was involved in an auto accident in NJ more than 2 years ago. I was at fault, (rear end the other car) but the damage to the other car wasn't very bad (seems like rear bumper damage only)
The other driver (only person in that car) drove away from the scene after policy came and made the policy report.

Other party hired a lawyer few months later claiming injury from the accident (her lawyer notified my insurance company GEICO and GEICO notified me) The problem is two years have
passed and I have never heard from neither of them again. (the other party or GEICO) I don't believe GEICO has paid for their car damage. (I can see online how much GEICO has paid to repair my car, but there is nothing for the other party)

I used to believe my person injury insurance coverage($100K) should be enough for that minor accident but now starting to have some doubts since I assume the other person is still under 'treatment'.
Do they have to submit the actual claim within certain timeframe? (at least the cost for the car repair)
 


ecmst12

Senior Member
SOL for personal injury in NJ is 2 years, for property damage is 6 years, but what they paid to the other party probably wouldn't be information available to you.
 

justalayman

Senior Member
Do they have to submit the actual claim within certain timeframe? (at least the cost for the car repair)
they never have to technically submit a claim to your insurance company. What they are required to do that is time limited is file suit against you.

As ecmst12 provided, they have up to 2 years to file suit against you for injuries to the person. They have up to 6 years to file suit for damages to property.


If they do not file suit for injuries to the person within 2 years they can no longer sue you for those injuries, or more accurately, properly defended a court will not sustain a suit for such damages.


With property damage it is the 6 year period.

the only thing that would alter that is if there is a "tolling" or halting of the clock for some reason. There are some reasons the clock could be tolled. I do not know if any would fit your situation though. Was a minor child involved? Have you filed bankruptcy? Was anybody in the vehicle incompetent (mentally disabled)? Each of those can play a part in tolling the clock although each do not necessarily toll the clock.
 

LdiJ

Senior Member
they never have to technically submit a claim to your insurance company. What they are required to do that is time limited is file suit against you.

As ecmst12 provided, they have up to 2 years to file suit against you for injuries to the person. They have up to 6 years to file suit for damages to property.


If they do not file suit for injuries to the person within 2 years they can no longer sue you for those injuries, or more accurately, properly defended a court will not sustain a suit for such damages.


With property damage it is the 6 year period.

the only thing that would alter that is if there is a "tolling" or halting of the clock for some reason. There are some reasons the clock could be tolled. I do not know if any would fit your situation though. Was a minor child involved? Have you filed bankruptcy? Was anybody in the vehicle incompetent (mentally disabled)? Each of those can play a part in tolling the clock although each do not necessarily toll the clock.
I agree completely with all of this but I will point out that since you obviously involved your insurance company, you really don't need to worry about this. If something further happens your insurance company will handle it.
 

justalayman

Senior Member
I agree completely with all of this but I will point out that since you obviously involved your insurance company, you really don't need to worry about this. If something further happens your insurance company will handle it.
agreed BUT if a suit is filed, it will be served upon the OP and not the insurance company so, if OP is sued, s/he needs to contact their insurance company and inform them ASAP. ;)
 

latigo

Senior Member
I agree completely with all of this but I will point out that since you obviously involved your insurance company, you really don't need to worry about this. If something further happens your insurance company will handle it.
Well that must be of some comfort to justy. Learning that someone who thinks that torts are a pastry agrees with him.

Except for the source it might be seen as complimentary. However the source continues with a perilous Alfred E. Neuman not to worry; indicating not complete agreement but complete ignorance.
 

Zigner

Senior Member, Non-Attorney
I suspect that the matter was handled and the OP just didn't follow up at all at the time.
 

LdiJ

Senior Member
Well that must be of some comfort to justy. Learning that someone who thinks that torts are a pastry agrees with him.

Except for the source it might be seen as complimentary. However the source continues with a perilous Alfred E. Neuman not to worry; indicating not complete agreement but complete ignorance.
You do realize that every time you do something like that it just makes you look childish? You attended college AND law school and still act like you are in junior high?
 

LdiJ

Senior Member
agreed BUT if a suit is filed, it will be served upon the OP and not the insurance company so, if OP is sued, s/he needs to contact their insurance company and inform them ASAP. ;)
Maybe...when my daughter was sued over a car accident the insurance company knew about it before she did. She found out from them.
 

justalayman

Senior Member
Maybe...when my daughter was sued over a car accident the insurance company knew about it before she did. She found out from them.
Well, as I said, the defendant is the driver and that is who will be sued and served. The insurance company is not a party to the suit so there is no obligation they even be notified by the plaintiff. In your daughters situation I cannot address how the insurance company knew of the suit before your daughter but that fact does give rise to some questions regarding proper service if daughter was not eventually properly served.

Of course, in your daughters situation, the insurance company may have already brought in legal counsel where that legal counsel would in fact be the proper point of contact and service for your daughter. Of course I am only guessing as I do not have the facts in your daughters situation.

Given the time period in the op's situation and apparently no ongoing activity by the op's insurance company I would not necessarily expect the same level of communication between the two insurance companies nor that legal counsel had been engaged for the situation yet.
 

zkwu

Junior Member
Sorry about replying to this thread late. Thanks for all the replies and the information from this thread is very helpful to me.

I don't see any reason for the other party to halt the clock. There is only one adult (driver) on the other car, and I have never filed bankruptcy. However, I did move once (20 miles away, still in NJ) 3 months after the accident and I am not sure the other party's lawyer is aware of that. I am still with the same car insurance company so technically they can get the information from them. Hopefully they are not suing me using my old address.
 

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