Statute of Limitations for Insurance Claims: When Does the Clock Start?

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The Issue: When Does the Limitation Period Begin?

One of the most critical and misunderstood aspects of insurance claims is the statute of limitations. Under Section 31 of the Insurance Contract Law, the limitation period is generally three years from the insured event. For policies made or renewed on or after 25 November 2020, it is five years for life insurance (insurance on death), illness and hospitalization insurance, and long-term care insurance. A recent court ruling clarified a key question: does the clock start only when the insured discovers the existence of the policy, or from the date of the insured event?

The Court’s Ruling

In that case, the court held that the limitation period ran from the date of the insured event, not from the date the claimant first became aware of the policy’s existence. Lack of knowledge about a policy does not pause or reset the limitation clock.

Why This Matters for Accident Victims

Many accident victims discover years after an incident that they were covered by a policy: through a deceased relative’s estate, an employer’s group policy, or a forgotten personal policy. By the time they discover the coverage, the limitation period may have already expired, barring their claim entirely.

Practical Steps to Protect Your Rights

  1. After any accident or health event, immediately investigate whether any insurance policies cover you: personal, employer, or third-party policies
  2. Contact your insurance agent or insurer in writing well within the limitation period
  3. Check deceased relatives’ estates for existing policies
  4. Keep a record of all correspondence with insurers, including dates
  5. Consult a lawyer if you are unsure whether your claim is still within the limitation period
Warning: The limitation clock begins on the date of the insured event regardless of when you learn of the policy. Do not delay filing your claim.

Frequently Asked Questions

Q: Does finding out about a policy after the accident reset the limitation period?

No. The court ruled that the limitation period begins on the date of the insured event. Not knowing about the policy does not restart the clock.

Q: Are there any exceptions to the limitation rule?

In limited circumstances, courts may toll (pause) the limitation period due to active concealment by the insurer or fraud. Each case must be evaluated individually.

Q: What if I missed the limitation period? Is my claim completely lost?

Not necessarily. An attorney can examine whether tolling arguments or other defenses apply. Consulting a lawyer promptly is critical.

If you are concerned about limitation deadlines for your insurance claim, contact the Lev-Taieb insurance claims team today. Call 03-609-0958.

Further reading: Insurance Claims | National Insurance | Case Results

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