Statute of Limitations Means it Must be Filed in Court!

Recently, I wrote an article giving you a few tips if you wanted to talk to the adjustor in your Virginia Accident case. Check it out here.  

But I want to be clear – just because you can talk to them doesn’t mean that they are your friend.  You still need to be informed about your rights, and that’s what BenGlassLaw is all about. 

Case in point.  Over the last couple of weeks, I’ve spoken to people with a tragic tale.  They were injured and where working with the insurance company to settle their case.  But they waited too long, and the statute of limitations ("SOL") ran out on them. (In Virginia, the SOL is generally two years).  And they asked me what recourse they have.  My short answer – none! 

The Statute of Limitations is one of the bright line rules in law.  It's the time in which you have to file a law suit to preserve your claim. If you sit on your rights, and the SOL runs, you’re out of luck.  And to toll that SOL, your claim must be filed in court!  Simply talking with the insurance company, submitting paper work to them, or actively negotiating with them is not enough. 

So if you’re going to try to resolve your own claim.  More power to you.  But do me a favor, and give us a call first.  Or at least download or educational material. 

Best of luck.  

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