Legal Question in Personal Injury in Massachusetts
I had a personal injury claim after I was hit from behind 3 yrs ago. It is not a large claim but I do have some unpaid bills. The statute of limitations ran out on Oct.3,2010 (which was a Sunday), I faxed my bill to them for finalizing the case on the next business day. Monday Oct. 4, 2010. They told me I was out of luck as the "bell had tolled." Is there a law that state that if the limitation date falls on a Sunday you still have the next "business" day to file your claim?? Thank You.
p.s. I am dealing with Safety Insurance of MA
3 Answers from Attorneys
You need to file the lawsuit in court within 3 years. If the last day falls on a Sunday, you should be able to file on the next day. However, it sounds like you never filed, but made a claim to the insurance company. However, the statute of limitations for a breach of contract claim is 6 years. If you had a policy with Safety, you may be able to assert a breach of contract claim against it. I would read the policy carefully. Perhaps, it provides for a short statute of limitations period.
It breaks my heart that you may have missed the statute of limitations on personal injury claims here in Massachusetts. The statute of limitations requires that you file a legal claim with a court of competent jurisdiction, not file a claim with the insurance company. However, if you are making a claim against your own insurance company (under or uninsured motorist protection, etc.) you may have six years. You need to meet with an attorney immediately!
Retain an attorney to determine what rights if any you may have based on your specific fact situation. Good Luck!
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