Was at a stop light the car rear ended me. Sustained some injury but wasn't interested in talking to the personal injury claim adjuster from the other party insurance company. The other party took 100% fault and insurance admitted liability. I received a letter that if they don't hear from me, that they will close my claim, by end of April, yet the accident had just happened in Late 2014. Do I call the claim adjuster as I have medical bills or do I contact a personal injury lawyer? They need to pay for my medical bills at least. Can they just close the claim because I didn't talk to them at all?
Let them "close" the claim. Hire a local personal injury lawyer tomorrow who will then send them a letter saying they represent you and the claim will suddenly be "open" again. The first vist w/a lawyer is typically free and with all respect, you need a lawyer asap. best wishes
The statute of limitations in Iowa on personal injury claims is 2 years from the date of injury, so the insurance company can certainly close its file, but you have the power to reopen it. It's prudent to have an attorney when dealing with these people.
Harley Christopher ErbeCar / Auto Accident LawyerDes Moines, IA ·
The insurance adjuster's jerking you around. The insurer can close the claim or whatever, but you have two years from the date of injury to sue. The insurer's comment about closing the file (1) is a bluff because doing so would be an insurance law violation and (2) means nothing in terms of your statute of limitations. This insurer should cover your property damage, medical bills, pain and suffering, loss of use of your body, lost wages, etc., etc. This is a common tactic that insurers use against people who don't have a lawyer -- Try to get you to agree to a bad settlement before you lawyer up and realize what you're doing. Once you settle, you're stuck with the settlement whether it turns out to be a bad deal for you or not. You should have more success with your claim, and less stress about it, if you hire a lawyer.
The fact that the insurance company closed its claim does not impact your rights. You have two years, under Iowa law, to bring your claim. Generally, you are better served to hire a personal injury lawyer to assist you, because the responsible party should be required to pay not only your actual out of pocket medical expenses, but an additional sum for your pain and suffering, your likely future medical costs, lost wages, limitations on future employability, temporary and permanent disability, as well as other forms of damages. A good personal injury lawyer can help you get all the money you deserve. Good luck.
