Legal Question in Personal Injury in Ohio

Auto personal injury

What is the time limit to file a suit against an insurance company for an auto accident injury? Is it 2 years from the date of the accident or 2 years from the date it was reported to the insurance company?


Asked on 5/30/07, 9:23 pm

2 Answers from Attorneys

Bradley Miller Miller Law LLC

Re: Auto personal injury

This is going to depend on exactly what you are suing the insurance company for. Generally, suits for personal injury and property damage must be brought within 2 years from when the injury or loss occurs. In your case this would probably relate to the date of the accident.

If you are suing the insurance company based on a breach of your insurance policy with them, suits for written contracts must be brought within 15 years.

If you are alleging fraudulent practice by the insurance company, a suit for fraud must be brought within 4 years.

If you would like help determining what sort of action you would be bringing, feel free to call or email me. Dealing with statutes of limitations can be tricky if you don't have some legal background. If you file a suit against an insurance company, you can be guaranteed to go up against at least one if not more attorneys. I highly recommend hiring a lawyer to help you go against the insurance company's attorneys.

If you have any other questions, feel free to contact me.

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Answered on 5/31/07, 9:08 am
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: Auto personal injury

Generally, the person responsible for the accident is sued, not the insurance company that provides that person coverage. However, if you are bringing a lawsuit against your own insurance company for money due to you under the uninsured or underinsured motorist provisions of your policy, then you also need to look at the policy to see if there is a provision that shortens the statute of limitations from the 15 year statute of limitations for contract. Even if you are suing your insurance company, the contract probably requires you to bring suit against the person responsible for the accident within two years of the date of the accident so that if the insurance company pays you money, it can try to recover the money from the responsible party.

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Answered on 5/31/07, 11:26 am


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