What is the statue of limitations on submitting a car insurance medpay (pip) demad to an insurance company? My insurance broker claims that the demand must be submitted within 1 year of the date of the injury. Is that true?
Read the policy. Many policies only cover the med bills incurred w/in 1 year, but that doesnt mean you have to submit them w/in one year. Id submit the bills asap, and see what the ins co does. If they refuse to pay, ask them in writing to put all their reasons for refusing to pay in writing, specifying all facts and laws upon which they rely, including the specific policy language if any.
Many agents dont know much about the policies they sell.
I agree it will be based on the contract/coverage language in your policy. However, depending on the facts of the case, you may have up to 2 years to file a personal injury claim. Obtain the policy documents, and then contact an attorney if you have questions regarding the contract language. If your injuries were caused by a third party, you will likely be able to recover the cost of medical treatment directly from them.
I don't think the adjuster is referring to a "statute of limitations" but a contractual time limitation. Many policies say that in order to be covered under the medical payments provisions, a medical bill must have been incurred within one year of the date of the accident. It does not mean that you cannot claim those expenses after a year. Ask your adjuster for clarification.
I think the other comments are correct in that the SOL on your med pay will be based on the contract/coverage language in your policy. Generally you have up to 2 years to file a personal injury claim in California. You should look at your insurance the policy documents, and then contact the adjuster and discuss with them, and if you don't get what you need contact an experienced attorney if you have questions regarding your situation. If your injuries were caused by someone or something you may have a 3rd party case against the person, supplier, or manufacturer? Good Luck.
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