Statute of limitations on medpay

Asked over 1 year ago - Canoga Park, CA

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?

Attorney answers (8)

  1. Robert Bruce Kopelson

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . 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.

  2. Robert Max Klein

    Pro

    Contributor Level 15

    14

    Lawyers agree

    Answered . It is going to depend on the language in the policy. Ask your broker to send you a copy of the policy and to point you to the appropriate section.

  3. Sean Michael Patrick

    Contributor Level 16

    13

    Lawyers agree

    Answered . 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 am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  4. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    12

    Lawyers agree

    Answered . 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.

    Good luck.

  5. Constantine D. Buzunis

    Contributor Level 17

    10

    Lawyers agree

    Answered . 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.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . A local attorney would want to read the policy to determine.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Michael Ryan Juarez

    Contributor Level 16

    9

    Lawyers agree

    Answered . As the attorneys here pointed out you should still submit your demand and request a written explanation for any denial.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  8. Timothy Leo Bowden

    Contributor Level 14

    9

    Lawyers agree

    Answered . It depends. The bills must be related to the accident. The further from the accident it is the tougher it is to prove sometimes. Contact an injury attorney locally to help you.

    Tim

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