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Statute of limitations on medpay

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. 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.

  2. 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.

  3. 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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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

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  6. 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.


  7. 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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  8. 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 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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