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Q

What is the time limit in Ohio to file a claim to auto insurance after a collision?


A

How long you have to file a car insurance claim in Ohio depends upon if you are placing a first party claim against your own insurance policy or a third party claim against an at-fault driver's Liability coverages.

The Ohio Department of Insurance told us that for third party claims, they must be filed within two (2) years of the date of loss pursuant to OH tort law statutes of limitations.

So claims against another person's Liability insurance for damage you received - bodily injury, wrongful death, or injury to personal property that was caused by an automobile accident - the time limit for filing a claim or a lawsuit is 2 years from the date of the accident.

If instead you are filing the claim with your own company under your own policy (a first party claim), the contractual limit is based on the terms of you specific car insurance policy. Most policies have limits of between one (1) and three (3) years to settle a dispute or bring a lawsuit against the automobile insurance company.

The insurance regulator for Ohio pointed out that there could be further limitations however; as most policies have clauses which require prompt notice of a loss to be made with the company. If you need to make a first party claim and want to find out how long you have to report and file a claim with your own insurer, you should read through your policy. Likely it will say here that you need to promptly notify them of the accident and then give a time frame of how long you have to make a claim.

Ohio insurance laws do not put a firm deadline on settling a claim once it is filed. However, the company must investigate the claim promptly as defined by Ohio Administrative Code 3901-1-54.

In the state of Ohio, claims are expected to be accepted or denied within twenty-one (21) days of receipt of a properly executed proof of loss by the insurer. However, if a car insurance company needs more time to investigate, than they can do so as long as they inform you either in writing or verbally by the twenty first day.

If the investigation remains unresolved beyond the twenty first day, the auto insurance company must update you in writing once every 45 days thereafter, explaining the reason for the delay. They must also notify you in writing 60 days in advance of the expiration of the statute of limitations if the delay is on-going.

With a first party claim the auto insurance company must provide payment to its insured no later than ten (10) days after acceptance of a claim if the amount of the claim is determined and is not in dispute, unless the settlement involves a structured settlement, action by a probate court, or other extraordinary circumstances as documented in the claim file.

If you have more questions about the time limit to make a claim with your own car insurance company then speak to your agent or you can contact the OH Department of Insurance for consumer advice.

If your agent is not able to explain to you what to do in this situation or fulfill your car insurance needs, contact a CarInsurance.com agent and they can explain not only insurance terms and claim procedures but also tell you how they can get you low cost car insurance in Ohio.


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