Uninsured Motorists Statute of Limitations Extended if it Is a Compulsory Counterclaim
The typical statute of limitations on an uninsured motorists claim is 5 years from the date of the accident. In Rundell v. Progressive Express Insurance Company, 33 FLW D2665 (Fla. 1st DCA November 17, 2008), Progressive filed a declaratory judgment action alleging that there was no UM coverage for a passenger injured in an accident.
More than 5 years from the date of the accident, the passenger sought UM benefits under the policy. Progressive sought a declaration that the claim was barred by the 5 year statute of limitations. The Court first confirmed that the passenger’s UM claim was a compulsory counterclaim; and then, citing Londono v. Turkey Creek, Inc., 609 So. 2d 14 (Fla. 1992), held that in cases where the damages are “fungible,” such as for money damages, the “statutes of limitations do not apply to compulsory counterclaims.”
