How long do I have to settle my claim?

  • Two years from the date of the collision
  • In the case of a minor, before age 21

In some cases the two year limitation can be postponed.  However, in Tolentino v. Gill the court refused to do this and the claim was dismissed.  The claimant had spoken to the adjuster about his claim 18 months after the collision and was told it was not necessary to hire a lawyer at that time.  They agreed that the adjuster would gather some more medical information and the claimant would contact her after he returned from a trip.  He never called her.  About 13 months later he realized he should retain a lawyer.

The judge noted that the adjuster does not have a legal duty to tell a claimant about the limitation period.  If the adjuster had promised that she would not rely upon the limitation period and would settle his claim, the claimant would have won.  However, neither the adjuster’s words nor her conduct implied that there would be no legal problem with settling the claim regardless of the expiry of the limitation period.  There was nothing that prevented I.C.B.C. from relying on the limitation period.

Contact us before the two year anniversary of the collision.  We can help.

Read the case:  Tolentino v. Gill