my son died at christmas 3 years ago, devastated, i didn't find insurance policy until now, is it too late

Question

it is a life insurance policy that awards for accidental death, I understand there are limitations, but i also understand there are reasonable 'excuses' for the relief from forfeiture. Issues surrounding this include the likelihood that a fair trial is still available to the insurance company, that I was wrapped up in an inquisition to determine whether he did indeed die from an accident, that I was not aware of the policy, I was acing difficult circumstances myself....I guess the real question here is are there any known grounds that provide a reasonable explanation for not claiming within the period of limitations under insurance law?

Also wanted to know if you can include whether you are from Canada, as various country's laws might be different

Answer 1

The chance of a life insurance company paying a claim on accidental death is very slim. To receive such claim, your son must die from bodily injury and that no other causes contributed to the death. It must be found by the investigation that he did not cause the injury to himself, meaning he forced himself to be injured. The life insurance company will do a thorough investigation and then determine whether they should pay the claim or not.

Frankly, I don't know why people would add this benefit to their life insurance policy. Its better off to just add more coverage to the face amount because life insurance will pay out no matter how you die. Accidental death benefit only pay out in case you die from bodily injury.

As for your concern on whether you can still make a death claim, you can. There is no time limit, even if the policy has lapse. As long as the policy premiums were still being paid at the time of his death, you can make a death claim.

Answer 2

I am so very sorry for your loss. What a terrible thing to go through. As a parent, my heart goes out to you.

I've read the various answers here and think you've received a few good ones, but I wanted to add details and correct a few errors that some have written.

First, there is no "statute of limitations" pertaining to life insurance policies. Instead, this is a matter that's governed by the policy. Most life and AD policies require the beneficiary to file a claim within 90 days of the date of death. However, the policy should also state that claims filed late will not be denied if there is a justifiable reason for the delay. In your case, you have two extremely good reasons for the delay: you didn't know about the coverage (which happens all the time) AND there was an issue regarding cause of death (natural vs. accidental). Since this is an AD policy, issue # 2 actually prevented you from filing the claim until now. Bottom line: make sure you attach a letter explaining the reasons for the delay with your claim.

Secondly, there was a comment regarding interest payable. Most state insurance laws only require interest on the proceeds to be paid if the claim was filed within several months of the death. When a claim is filed years later, the company will not be required to pay you interest from the date of death; instead, it will pay interest from the date your claim was received. Call your state insurance commissioner's office to discuss this if you have further questions.

Thirdly, if the insurer denies your claim, DON'T automatically turn to an expensive attorney. Turn to your state insurance commissioner's office. All insurance commissioners have investigators who will look into your complaint and decide whether or not the insurer properly denied the claim.

I hope this helps. If you have further questions, please don't hesitate to contact me.

Answer 3

You're asking 2 questions actually. The first is the statute of limitations and the 2nd is what do I tell them when they ask why it took so long for me to file a claim.

To answer the 2nd the question: the truth is the reason you didn't file the claim. I seriously doubt the insurance company will make a big deal over it. They most likely will ask, but remember they are people and it's a very understandable AND reasonable explanation for why it took so long.

The statue of limitations is something different. The actual insurance policy should spell out how long you have to file the claim, and that's assuming there is such a thing for claiming life insurance benefits in your state. If there is I would be surprised as many accidental deaths take months, sometimes years, to arrive at that determination. For example, to be declared by the courts legally dead, it's like a 7 year wait....and then one could claim life insurance benefits.

But life insurance policies vary so my BEST suggestion would be to read the actual policy first, go see the agent who wrote the policy if need be, and file the claim regardless. You will need to provide a copy of the death certificate, possible a certified copy, so be prepared to have this information when you file the claim.

Answer 4

You don't need a lawyer, they do more harm than good and cause delays in payment, for sure...

I assume you are the beneficiary of the policy?

First, read your policy...I have never heard of a policy that had a time limit for a claim, though it's possible I'm sure (there are probably lots of things I never heard of! *smile*) But I do know that I have paid on life policies that were years after the date of death...(I think the oldest one I ever had was something like 17 years after the death of the insured...) You will get interest on the face amount and the accidental death benefit, though it may be limited depending on the state you're in/issue state...For example, Texas only requires payment of 1 year of interest...

You will need a death certificate that lists the cause of death as accidental...It sounds like there were some circumstances around your son's death, since there was an inquest to establish accidental death...If the original death certificate listed a cause of death other than accidental, did the inquest issue a new death certificate with the correct cause of death?

Accidental deaths are usually investigated by the insurance company, so that may take some time...Also, most policies exclude payment of the accidental death benefit in certain circumstances (alcohol/drug related, during the commission of a crime, etc.--check your policy!)

Call the company, find out how to file your claim, and make sure the policy was still in force at the time of death...Since you didn't know about it, it may have lapsed in the meantime, but as long as the premium was paid at the time of death, you will be OK...

Good luck to you!

Answer 5

Listen VERY CAREFULLY!!! I am a licensed insurance agent in CA, you need to write a certified letter to the insurance agency. There is NO, I repeat NO limit on the amount of time that you can contact the insurance company to claim the benfits under the policy (at least in California and most states) as long as you are the benficiary. What you need to do is write a certified letter to the insurance company with a certified copy of the death certificate and they are required to pay you the face amount (the amount the policy was for) plus what is known as the common rate of interest (usually around 3%-4%) for the last 3 years that they have had the policy.... Again, certified letter and a certified copy of the death certificate mailed to their claims department, plus make the request for the interest in writing! I hope this helps and will keep you in my prayers. If you have any questions message me on my profile for my phone number.

Answer 6

Coverage, regardless of when it happened is still indemnifiable.
You said so yourself - you were busy running around to the court etc... Hope that matter is settled.
So, that's the reason you will give to the insurance if that question comes up. But I doubt if it will.

Put in a claim. Keep to the requirements of the claim. If the policy was in force at the time of the loss, you can collect. If rejected other recourses are available, such as your local politician, obmbudsman or Insurance bureau which mediates in cases like this.

Accidental death is a loss that is not the same as collecting due to a break and enter, or a fire loss, flood loss etc..

Worse they can do is to say no. It does not hurt to ask. If they say no, you know what to do next.

Answer 7

There is no time limit on claiming on a death claim for life insurance. All you need is the death certificate to state it was an accident, and as long as the policy was inforce on the day of his death, they will pay out. Contact the insurance co and ask them for a death claim form. Supply them with what they ask for, usually the signed form, and the death certificate. I'm sorry for your loss. Good luck

Answer 8

There is no limitation on death policies all you will have to do is produce the death certificate. Contact the insurance company ASAP. Sorry for your loss and may God Bless you.

Answer 9

If you have gone past the time limit on being able to make a claim, there isn't anyway you can claim on it now. It is too late. But it doesn't hurt to contact the insurance company and ask them. They may make an exception. Who knows?

Answer 10

yes obviously you can take the amount of the policy but first checkout whether the date of expiry is crossed or not if its crossed then go for a your insurance advisor whom you know better and take the necessary actions if possible take advices from the lawyers also ........hope so the rules of the insurance company would match your condition and your emotions and help in your favour.......!