Legal Question in Personal Injury in Virginia

need response for demur

I was in an accident and the insurance company & I did not come to an agreement on injury damages prior to the 2 yr statute of limitations ran out. However, I did file a civil case against the insurance company re: the accident and failing good faith nego. B/c a named only the insurance company and not the other driver, their attorney filed a demur to dismiss. What can I do to response to the demur based on my second contention - their lack of good faith nego.?

Asked on 8/18/08, 12:36 pm

1 Answer from Attorneys

Gary Mims Sickels, Frei & Mims

Re: need response for demur

Not much; unless the insurance company did something to make you believe the statute of limitations would be waived. They have no duty to you to negotiate at all. That duty is to their insured. Sorry this is not of much help--but unless you can show fraud or that you relied upon some representation from the insurance company I think you loose.

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Answered on 8/18/08, 4:26 pm


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