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How long do I have to file an Aflac Claim? I was passenger in a car when we were rear ended by a truck...

Las Vegas, NV |

Causing a fracture in my L2-L3 & herniated/bulging disc in my L4L5. Ive already settled with the insurance but forgot to turn in the restof the paperwork to complete claim with Aflac. ( if I do still have time, how long do I have??) Thanks.

Attorney Answers 3

  1. Thank you for the question. I am sorry for your troubles. The notice period you seek depends on the language contained in your AFLAC policy. I would first urge you to read the notice requirements in your AFLAC insurance policy (not the brochure, but the policy AFLAC should have provided you) to verify the actual reporting and notice requirements of your particular policy. That said, from what I've seen, there is generally an initial notice period of 60 days after a covered loss begins. For your purposes, I would assume that the loss begins on the date of your motor vehicle accident. You should notify AFLAC in writing at their World Wide Headquarters located at 1932 Wynnton Road, Columbus, GA 31999 or through a licensed AFLAC agent within 60 days after a covered loss begins. AFLAC also generally requires a claimant to complete and submit a standardized claim form for proof of loss within 90 days after the date the covered loss begins. Generally, AFLAC will send you their claim form approximately 10 days after you have initially notified AFLAC of the loss. Any medical billing statements, invoices, records and any other information in your possession that you believe demonstrates your entitlement to benefits under your policy should be sent along with a completed claim form within this period. It is important to note that if you have not notified AFLAC of a covered loss within this period, some AFLAC's policies may allow you to do so if it was not reasonably possible to give proof of loss within this period. However, those policies also generally state that AFLAC will not accept any claims if proof of loss is furnished any later than 15 months from the time proof was originally required.

    Please do not read this to mean you can afford to wait before notifying AFLAC of your claim or submitting proof of a covered loss. I would urge you to contact AFLAC immediately and ask them to send you their claim form so you may forward the completed claim form along with any supporting information in your possession as soon as possible. Of course, if you require assistance, you can always contact the licensed AFLAC agent you sold you the policy. I've found them very helpful in the past when I've had questions. However, I would urge you to consult with a lawyer, particularly if you were injured in a motor vehicle collision as you may have rights to recover for this loss apart from any benefits available under your AFLAC policy. I hope this information is helpful.

  2. If Aflac is the auto insurance then you may have up to 2 years from the date of the accident in Nevada. You need to contact a personal injury attorney ASAP!!

  3. Sounds serious. I encourage you to consult with a good local personal injury lawyer to assist you. AFLAC is only one of the potential issues that you will want to deal with. Good luck.