Expert: Richard Hixenbaugh - 7/23/2009

Question
I was in a car accident (hit from behind due to faulty brakes of the other driver) over three years ago in Maryland.  In the beginning, the insurance of the person who hit me was very anxious to "settle" the case.  I was advised to wait because physical problems are sometimes slow to show up.  Nearly three years passed and I gathered the information that they had originally asked for (list of doctors, etc.) (I've had ongoing problems with my back and neck).  I faxed the packet (over 100 pages) to their company on the day before the "due date" (that state has a three year time period).  I also mailed a hard copy on that day.  I kept a copy of the fax transmittal form.  The insurance company wrote me saying that they were denying my claim based on the fact that the three years had passed - they were basing it on when they received the packet in the mail (which was two days after the deadline).  They say that they did not receive the fax, even though I sent them a copy of the fax verification form.  At this point they are ignoring all of my questions in writing.  Can you advise me on what to do?  Basically I want to know if they can get away with just saying that they didn't receive the fax, even though I have a copy of the fax verification form.

Answer
Hi Jennifer,

Unfortunately, you received some bad information or advice from someone. The 3 year limitation is referred to as the "statute of limitations". The statute of limitations is the time limit for you to be able to file a law suit in the even that you and the insurance company were unable to reach a settlement. The statute of limitations is not how long you have to make the claim.

Now that the statute of limitations has expired, you can no longer file a law suit against the at-fault party or their insurance company. Since you can not file a law suit, the insurance company does not have to pay you anything because there is no one to tell them that they have to. They will not return your calls because they have no intention of dealing with you and there unfortunately are no attornies that can help you either because the statute of limitations has expired.

This has been an expensive lesson. Never listen to or belive anyone at an insurance company. Always seek independent information or legal counsel.


I'm sorry.
I hope this helps
Richard Hixenbaugh