Insurance co sent me 15 day letter. Can they close the claim?

Asked over 4 years ago - Lawrenceville, GA

I was in an accident in mid december (not at fault), and i've been trying to negotiate with the other driver's insurance company with no luck. I received a letter today stating that they are offering me the same amount they have been, and "if we don't hear from you in 15 days, we will assume you no longer wish to present a claim and will close our file." My question is: can they do this? I was under the impression that GA law allows for up to a year from the date of incident to settle, and it's not even been 3 months. Any help is appreciated

Additional information

Here is a link to another question of mine if you need additional details: http://www.avvo.com/legal-answers/vehicle-totaled--not-at-fault--insurance-payment-a-191122.html

Attorney answers (6)

  1. James Martin Roth

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I practice exclusively Personal Injury Law in Georgia and I will tell you the insurance companies can 'say' whatever they wish, but you have 2 years in most instances to file an Injury claim. Artifical insurance company deadlines mean absolutly nothing and there is no such thing as a 15 days rule.

    I will say that is almost every instance, insurance companies will try and take advantage of injured plaintiff's that are not represented by experienced attorneys.

    I am happy to discuss this matter more specifically if you wish.

    Jim Roth

    James M. Roth
    The Roth Firm, LLC
    3355 Lenox Road
    Suite 1100
    Atlanta, Georgia, 30326
    Phone: (404) 250-3236
    Fax: (404) 393-9770
    www.rothlawyer.com
    An Injury Practice with Superior Service

  2. Jonathan Wesley Johnson

    Contributor Level 5

    1

    Lawyer agrees

    Answered . They can close their file but that has no meaning as far as you are concerned. You have the right to file suit to collect on your claim for 2 years following the date of the accident. They are really saying that they will not increase the offer and if you want more you are going to have to sue them, which you have a right to do.

  3. Ralph Edward Hughes

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Georgia law provides you have four years from the date of incident to resolve your property damage claim and two years to resolve your personal injury claim. The insurance company wants your claim to settle quickly and they are trying to squeeze you. If your only loss was for your automobile it should be fairly simple to resolve the claim. If you were injured, it is more difficult to resolve the claim. Be careful in settling your injury claim too soon before you reach maximum medical improvement. If insurance is paying your medical bills you may have to reimburse your insurer from your settlement. If your insurance company paid for your auto repair or replacement you may have to reimburse them as well. Injury related cases are tricky to resolve alone unless you are intimately familiar with several types of insurance related issues such as liability, subrogation and reimbursement. Don't get trapped. I'd be happy to discuss the case with you free of charge, and I have more than 30 years experience dealing with automobile and insurance related cases. Ralph Hughes, Decatur, 404-373-3458

  4. Eric John Purchase

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . I can't speak to Georgia's laws but generally an insurance company can do whatever they'd like with their files. Your option, if you are unhappy with what they do, is to sue their insured and seek the compensation to which you are entitled under the law.

    It sounds to me like the insurance company is telling you to either take their offer or sue their insured. If you're not happy with the offer then you should see a local personal injury lawyer about accessing the courts to exercise your rights.

    Good luck, Lawrenceville.

  5. Naveed Alam Quraishi

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Like Attorney Purchase, I cannot speak to Georgia Law. The Insurance Company closing their file does not mean that you cannot pursue this claim, provided that a lawsuit is filed within the Statute of Limitations.

    Once, the insurance company knows that you are serious about your claim they will give it the attention that it rightfully deserves, so meet with and retain a personal injury lawyer. You'll find that your case settles for alot more than the current offer.

    Good Luck.

  6. Naveed Alam Quraishi

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Like Attorney Purchase, I cannot speak to Georgia Law. The Insurance Company closing their file does not mean that you cannot pursue this claim, provided that a lawsuit is filed within the Statute of Limitations.

    Once, the insurance company knows that you are serious about your claim they will give it the attention that it rightfully deserves, so meet with and retain a personal injury lawyer. You'll find that your case settles for alot more than the current offer.

    Good Luck.

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