Expert: Richard Hixenbaugh - 9/4/2009

Question
Is there a statute of limitations for filing an insurance claim in Massachusetts? A little over a week ago I was backing out of a parking space and very lightly tapped a car that I didn't see. Before backing out there was no one there, but somehow this woman ended up directly behind me and I hit her at about 1 miles per hour. There is absolutely no damage to my car, but the fender on her car seemed to be made out of some plastic composite and was slightly impacted. She told me that she was not going to file an insurance claim, but would like $100 to fix the damage. I could see how her damage might cost $100, but then again it was such a light collision that $100 seems ridiculous. I would think a mechanic would probably pull the dent out for free or very cheap, and I'm reluctant to fork over $100. If I refuse to pay that, is it too late for her to file a claim? What would you suggest, that I suck it up, pay the money, and forget about the ordeal, that I ask her to fix the damage and then report to me the cost, or that I refuse to pay and hold out for now?

Answer
Hi Gerald,

The statute of limitations in most states is at least 2 years. $100.00 is a small price to pay to not have your insurance rates go up. However, you shoudl make up a release form for the other person to sign stating that in exchange for the payment of $100.00 that she releases you from any and all claims for damages related to an incident that occured on (whatever the date was).

Have her sign the release form and have someone else sign it as a witness. Then gicve her the $100.00.

I hope this helps
Richard Hixenbaugh