I submitted a letter up here yesterday, most of the answer to my question think I didn't submit my claim before the statue expired, well I submitted my claim by certified letter on 10/27/15 and the insurance agent is claiming she didn't receive it before the statue expired . My statue expired on 11/06/15 I submitted my claim on 10/27/15 certified letter. The letter was picked up from the post office and I received my return receipt to show it was in fact picked up. I even called the post office to confirm that it was picked up before 11/06/15. My claim is for 17,853.28 .The reason its been so long is that I thought I didn't have a claim against the insurance companies since they told me that my case was closed cause she didn't get my claim before the statue expired. I called legal aid and was told that if I have proof that I did submit my claim before the expiration I still can have my claim paid, but I would have to seek legal counsel to handle my case.
All of us saw your message yesterday and we all told you the same thing. We realize you sent a letter within two years and we all told you that letters don't count. Only lawsuits count to stop the statute of limitations. There's nothing you can do at this point.
Every case tells a story. We'd love to hear yours. Ben Glass is licensed in Virginia. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.
If you didn't file your Complaint in COURT within two years from injury then the statute of limitations bars your recovery. Look at our credentials. Don't you think we want to take cases we can make money on? If we could make money on it, we wouldn't be telling you what we are telling you. You should have hired a lawyer right after your injury.
I agree with Mr. Glass and Mr. Page. It doesn't matter when you sent the letter. You needed to file a complaint in court to begin a lawsuit prior to the statute of limitations running out.
I am so sorry to hear that the insurance company is playing these games. The statute is 2years but you should contact one of us in the area directly to review the entire case. Most of us offer a free consult.
It appears you did not understand the multiple responses from counsel which told you the same thing. Your demand letter did not save your claim. An attorney certainly would have done so but you chose 'not to go that route' to your own detriment.
You clearly miscommunicated with legal aid also. They either thought you did file suit or you spoke to someone other than an attorney and received incorrect information.
This advice is for general guidance only and applies to Virginia. The applicable laws may differ in other states.
You must have filed the complaint for your lawsuit prior to the statute of limitations running. The statute is in place so there is a definite deadline for an insurance providers liability. Sending a letter, certified or not, does not constitute an action that preserves your statute.
I am sorry bu your Statute of Limitations has run so you effectively have no claim. tough luck.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline