Can I do anything about the insurance after about 2 years that have passed since accident?

Question

My wife had a F-150 rear ended her 02 Mitsubishi. She said she had it taken care of but after a few months she never heard from the other company. Eventually they came and assessed the damage and wanted to take our car and pay us 4K for it, we payed 15K, 2 years earlier. I was not ok with it since it was almost paid and on the estimates, they said it just needed the end reapired and can still be driveable as is for the time being. This happened in Omaha, Nebraska. Can we still do something about it? The kid's (17 year old) insurance never paid a cent. and my wife did not engage our insurance to take car of it. Are we too late to try and do something about it?

Answer 1

You should be ok - different states have different laws, but you'd have to check your own to see what the statute of limitations is.  I would suggest involving your insurance so that they can go after the other company since it's been so long.

Answer 2

The property damage statute of limitations is four years in Nebraska.  I am a bit surprised that you did not pursue this matter further.  You need to contact the other party's insurance company again, and reopen your file.  I assume that they closed it since you never provided them with any supporting documentation, and a release was never signed.  

If you do not want the $4k, you need to prove that your vehicle was worth more at the time of the accident.  They were likely offering you the ACV.   It is your responsibility to prove your claim, not theirs.  

You can still file a small claims action against the at-fault driver, but you will need to make sure that you have documentation supporting why you feel you are entitled to additional monies.

It is too late to file a claim under your own coverage.  Most insurance policies require the policy holder to file a first party claim within 91 days.

Good Luck

Answer 3

All you can do is ask your insurance company now but this is a perfect example of why you should ALWAYS notify the police and ALWAYS notify your insurance company after an accident..............ALWAYS !

Answer 4

I am afraid there is nothing u can do about it. The best is as ur insurance agent. They are professional. They get commission for our insurance policy, they will serve u. Trust me....