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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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Im in Arizona, Is there a Two year Statute of Limitation for

Customer Question

Im in Arizona, Is there a Two year Statute of Limitation for bad faith that applies when my Car Ins. Policy allows three years for medical treatment etc.
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
Are you wanting to sue your insurance company or the other driver?
Customer: replied 5 years ago.

Wondering if my right to sue insurance for bad faith has expired given there refusal to pay medical costs and reimburse for untimely replacement cost of car which they just awarded @ two year mark of initial accident.

 

Expert:  lwpat replied 5 years ago.
Can you give me some more details of the situation. Were you the at fault driver? IF no did you sue the at fault driver. What reason have they given for the denial.
Customer: replied 5 years ago.
Was forced off road by another driver, other driver left, unidentified, did not sue anyone yet. Its me and my ins company alone in this issue.
Expert:  lwpat replied 5 years ago.
Its me and my ins company alone in this issue.

Since it is just you and your insurance company, then your rights and right to sue are governed by the terms of your policy and the law of your state. In Ness v. Western Security Life Insurance Co., 851P.2d 122 (Ariz. App. 1992). There, the court found an insurance company commits bad faith when it (1) intentionally (2) denies, fails to process, or fails to pay a claim (3) without a reasonable basis for such action. 851 P.2d at 124. A cause of action arises only when all three elements are present and the period of limitation starts when the cause of action arises. Id.

Therefore the statute of limitations would start when they actually denied your claim, not the date of the accident. You should contact a local attorney since a bad faith action is difficult to pursue on your own. Here is the list of PI attorneys

http://www.lawyer.com