I got some dude who I got in a car accident with having me go to Small Claims. he is doing this at the 1 year 11 month mark. I was totally insured. They take care of this right? I live in NJ. Thanks. Also, how can he justify damages almost 2 years after accident?
Answer by LT
Yes they can take you to small claims court. Depending on what they are sueing for, but the insurance does not have to pay and in this case most likely they will not. Without knowing what they are sueing for I have no idea if they can win. I do know it will be hard for them to win, but not impossible for them to win.
Answer by Mushu
If you were fully insured at the time of the loss, why is your insurance denying the claim? If they had good cause to do so, then yes absolutely you can be sued in court. Even if your insurance denied, you are still responsible for the loss. Did they deny it because you waited 2 years to report the accident to them? If so, then they are within their rights to deny it.
He doesn't have to 'justify' his loss. Statute of limitations in some states for property damage is 6 years. In other states it goes all the way up to 15 years.
Answer by oklatom
Just notify your insurance company, and they should represent you in any hearing.
Answer by Sargent Michell
Yeah something isn't making sense with your description.
Was his claim or yours denied by your insurance company?
If it was his, he may take you to court, but contact your insurance company about this as they could be called for testimony on it, as to why they denied the claim. Also that length of time between the accident and the case is going to work against the person.
I know for a fact as I used to be in the collision business, and my family owns an insurance agency, insurance companies will not, nor should you, pay for any additional damages occurred because of a claim being filed months or years after the accident date. That is know as owner neglect.
Now then if the claim was denied because of something you did that was stated right in the policy, like a DUI, then heck yes he can take you to court. And as long as he's within the statute of limitations, he's probably going to win.
Know better? Leave your own answer in the comments!
Orignal From: If you get in a car accident and your insurance company denies a claim, can someone take YOU to small claims?
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