2 claims involved in the same case, one against the auto insurance company and one against the drivers' estate. Wrong claim was attempted on estate (should have been against the insurance company). It is 2 days past the statute of limitations. Any way to fix it?
2006-06-28 08:33:48 · 10 answers · asked by Courtenay B 2 in Politics & Government ➔ Law & Ethics
The only thing that actually comes to mind is the potential malpractice of your attorney. Your attorney probably should have known what party to sue on your behalf. I would start with filing a grievance with the bar association in your state, and find an attorney that will handle a malpractice case. Generally, once the SOL has passed, you're out. Check to see if the statute of limitations is that 2 years your think it is for an insurance claim (don't assume that it is if it came from the attorney that filed against the wrong party).
2006-06-28 13:39:52 · answer #1 · answered by michattorney 2 · 1⤊ 0⤋
Depending on the state there could be loopholes.
For example some states have longer statutes of limitation for insurance fraud.
Also you can try to sue the insurance company in another state where they do business if the other state has a longer statute of limitation.
Talk to a good lawyer.
2006-06-28 08:51:59 · answer #2 · answered by hq3 6 · 0⤊ 0⤋
You can't file a claim due to the past deadline but you can always sue. Lawyers love people who want to sue. Just avoid the lawyers who advertise on the back pages of the phone book and those who advertise on TV or billboards.
2006-06-28 08:38:38 · answer #3 · answered by barfly 2 · 0⤊ 0⤋
No, you can't. The statute of limitations is the amount of time that you have to make a claim/press charges on any particluar offence. Sorry, there's just no way around that.
2006-06-28 08:37:29 · answer #4 · answered by Archangeleon 3 · 0⤊ 0⤋
You can go to court and sue for them to honor the claim.
2006-06-28 08:38:33 · answer #5 · answered by yes_its_me 7 · 0⤊ 0⤋
If you are sure that the statue of limitations have run out, then you have no resourse.
2006-06-28 08:36:49 · answer #6 · answered by WC 7 · 0⤊ 0⤋
i think they have the statute for a reason
2006-06-28 08:39:00 · answer #7 · answered by KIP 2 · 0⤊ 0⤋
you need to talk to a lawyer. they need to file to protect statue if any. two days is a narrow window. do it now.
2006-06-28 08:37:28 · answer #8 · answered by YahooGirl 2 · 0⤊ 0⤋
talk to a lawyer
2006-06-28 08:35:07 · answer #9 · answered by annabanana 2 · 0⤊ 0⤋
NO!!!
2006-06-28 08:35:54 · answer #10 · answered by Vagabond5879 7 · 0⤊ 0⤋