Articles

The Time Limit For Filing A Personal Property Damage Claim

by Kristen White Blogger
If you believe the other driver has negligently or intentionally caused damages to your car, you might be considering a lawsuit. When a personal property damage claim is filed, the insurance claim adjuster begins to determine the viability of the claim. This means that you will have to sort out the estimates of repairing your vehicle damage to get a thorough checkup and assess every damage. While this is happening, you need to be aware of the statute of limitations that may hinder you from obtaining your awaited compensation. Understanding that you can be fully prepared with evidence of the recovery amount and fail to get compensation due to the critical aspect of the statute of limitations would be something to consider. Nevertheless, this is not the end; you may still have exceptions to extend the filing deadline depending on the circumstances of your case.

When Can I Lose The Right To File A Personal Property Damage Claim?

If you have been involved in a car accident and are thinking of filing a personal property damage claim, you should consult for personal property damage in auto accident. Though filing of property damage claim doesn’t involve a lot of issues, you need to learn how the civil case should be filed. Generally, the time for filing personal property damage either for your car repair or replacement after the accident is two years. This is unlike the property damage relating to real property.

If you fail to file your property damage claim within the time limit, you can rest assured that your opponent will immediately move to court to ensure your case is dismissed. But is there a way you can protect yourself against the motion to suppress? If the defendant can convince the judge that you failed to file the personal property damage suit since there was nothing to claim, your case may be dismissed. However, there is a way you can avoid this and ensure you don’t lose your right to file a claim. To have a deeper understanding of this, you may need to consult for personal property damage in auto accident. 

When The Deadline For Filing Can Be Extended
 In some cases, the court may extend the statutory filing deadline. But, this requires you to have help from a personal injury attorney in Alaska. With a self-representation, your efforts are sure to hit the rocks. To have the deadline extended, the court may consider the below factors:

That the plaintiff suffered from injuries that lead to mental disability when the personal property damage occurred: If the plaintiff recovers, he/she will have two years to file a claim.

The personal property damage was as a result of a hit and run accident, and the defendant is nowhere to be seen: The duration of concealment cannot be counted when the defendant is found and the plaintiff eventually files a claim.

Before you decide to file a property damage lawsuit in Alaska, it’s better to research whether the statute of limitations has lapsed. If the lapse has occurred due to unavoidable circumstances, you may seek help from a lawyer who may offer the best strategy to approach your case. Again, you may discover afterward that you sustained injuries that took time to show up, your personal injury attorney in Alaska may guide you on applying the discovery rule. This applies to injuries that take longer to be discovered, such as soft-tissue injuries. If you have questions about the statute of limitations in Alaska regarding your property damage claim, seek help from an experienced lawyer.

Sponsor Ads


About Kristen White Committed   Blogger

285 connections, 0 recommendations, 1,021 honor points.
Joined APSense since, August 19th, 2016, From Chicago, United States.

Created on Jul 10th 2020 07:35. Viewed 292 times.

Comments

No comment, be the first to comment.
Please sign in before you comment.