What deadlines apply for claiming insurance benefits?
August 27, 2022 | 40,00 EUR | answered by Katrin Sontheimer
Dear lawyer,
I am reaching out to you because I am unsure about the deadlines for asserting insurance claims. My situation is as follows: Two months ago, I was involved in a car accident where my car was significantly damaged. The other party was clearly at fault, and their insurance has acknowledged this. However, I have not yet received any payment or settlement for the damages.
I am concerned that I may have missed deadlines and that my claims are at risk. Therefore, I would like to know if there are specific deadlines within which I must assert my claims with the insurance company. Are there differences depending on the type of insurance claim, such as a car accident, home insurance, or disability insurance?
Furthermore, I would like to know what I can do if I have indeed missed deadlines. Are there ways to still enforce the claims or am I legally powerless in this case?
Thank you in advance for your support and clarification on this matter.
Sincerely,
Greta Böhm
Dear Mrs. Böhm,
Thank you for your inquiry regarding the assertion of insurance claims and the associated deadlines. It is understandable that you are concerned, especially if there has been no settlement of your damages so far. I will therefore explain to you in detail the deadlines to be observed when asserting insurance claims and how you can proceed if you have missed these deadlines.
In general, the deadlines for asserting insurance claims are specified in the insurance contract or in the respective insurance terms and conditions. Claims must generally be asserted within a certain period after the occurrence of the insured event. This deadline may vary depending on the type of insurance event and the respective insurance company. Therefore, it is important that you read the terms of your insurance contract carefully or seek advice from a lawyer specializing in insurance law to find out the exact deadlines.
In the case of a traffic accident, as in your case, it is common for claims to be made within a period of three years after the accident. This deadline applies to both the settlement of damage to the vehicle and possible claims for pain and suffering. For other insurance events such as household insurance or occupational disability insurance, the deadlines may be different, so a thorough examination of the insurance terms and conditions is essential.
If you have indeed missed deadlines, this does not necessarily mean that your claims are lost. In such cases, it is important to act quickly and immediately contact the insurance company. Explain to the insurance company the reason for the delayed assertion and request a goodwill gesture. Often, the insurance company may still settle your claims, especially if you can convincingly show that you are not responsible for missing the deadline.
If the insurance company still refuses to settle, you should immediately contact a lawyer specializing in insurance law. An experienced lawyer can assess your legal options and assist you in asserting your claims. In such cases, it is important that you gather all documents related to the insurance event and provide them to the lawyer.
I hope this information is helpful to you and I am available for further questions. Please do not hesitate to contact me if you need further assistance.
Sincerely,
Katrin Sontheimer, Lawyer specializing in insurance law
