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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33707
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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what are the law in Arizona for Breach of Contract. I was

Customer Question

what are the law in Arizona for Breach of Contract.
I was in an accident 2yrs ago. The accident occurred in 3/11/11 and on 2/6/11 got an offer . I called the insurance company within 10mins but not available so left a message to the receptionist that I accept the offer before I forget because I was leaving for overseas on 2/8/11 my flight leaves at 8am. When I came back I did not call knowing this were taken care of but when I called I was told by the claim rep the statue of limitation expired.
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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The accident occurred in 3/11/11 and on 2/6/11 got an offer I was leaving for overseas on 2/8/11
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Are you sure your dates above are correct? You are saying you got an offer before the accident occurred which doesn't make sense.
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Did you sign anything agreeing to accept their proposed offer?
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When did you check back about the settlement offer?
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Thanks
Barrister
Customer: replied 3 years ago.

Yes, the dates are correct I have the itenirery & passport & telephone records on when the insurance called but when I called the insurance company I used the landline phone. Sorry the call was 2/6/2013. No, I did not sign anything, I left the country on 2/8/2013 at 8am. I called back I think the last week of March. That is why I called within 10mins after I got the offer which happen on 2/6/13 so this way I will not forget.

Expert:  Barrister replied 3 years ago.
Ok, that makes more sense. If this was a personal injury case, then the statute of limtations is only 2 years from the date of the accident for you to take legal action to pursue the case. So if you didn't file suit within 2 years of 3/11/11 you would be time barred from pursuing the case.
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I hate to say it, but you leaving a message with a secretary wouldn't be enough to legally bind the insurer to any settlement. You would have had to actually sign a settlement agreement in order for them to be bound. If you tried to pursue this now, they would simply say that they never got a call from you or they never got the message. Unless you have something in your hand from them and can prove you accepted their offer, it would be very difficult to win.
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So if you didn't get a signed settlement agreement done within 2 years, then any action would be time barred at this point. That is why a person has 2 years to pursue an action like this. If the insurer or defendant isn't willing to settle the injured person has to take legal action to sue to protect their rights.
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If you took it to small claims court, I wouold opine the judge would ask you why you waited almost two years to do anything and then explain that if you don't have any proof that you accepted an offer to settle, you can't win your case. You can file suit and try to get the judge to side with you based on your verbal testimony, but it will be tough to get him to do so.
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I am sorry to have to provide you with bad news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.