Legal Question in Personal Injury in Texas
Statute of Limitations and settlement of insurance claim
Recently filed a claim on an auto accident. There was 3 days before the statute of limitations ran out. The claims adjuster called us the day of the sol and said that we must settle that day or file a lawsuit that day to protect the sol. What is the truth? I thought that filing the claim w/n the sol meant that we still had time to negotiate. He says that is not true. He said that we had to settle or file the lawsuit.
Where can I find a copy of the law in regards to this. We settled for a very low amount because of this to stop us from getting nothing. The injuries were worth more. Also, he refused to give information on formula used to come up with the amount. Also, gave nothing for pain and suffering.
I thought there were certain things guranteed by law. He told me I was entitiled to nothing.
The whole matter was very disturbing. Can I go to the insurance commision over this?
1 Answer from Attorneys
Re: Statute of Limitations and settlement of insurance claim
Merely filing a claim does not toll the statute of limitations. Yes, you had to file a lawsuit within the statute to preserve your claim. Also, the insurance company is not required to disclose to you (or anyone else) how they came up with the amount they offered you. Moreover, the insurance company was correct that you were entitled to nothing from them. You had a legal claim against the person who caused the accident, not the insurance company. The insurance company is only trying to protect the person that they insure, as per their insurance contract. If the insurance company refused to ever speak with you, they would be well within their right to do so. Next time you find yourself in a legal scenario, I recommend that you seek legal counsel at the outset. Remember, most attorneys offer free legal consultations and you probably could have learned what I shared with you free of charge.
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