← Demand letters

Tolling Agreement Request

Send toOther side's insurance carrier
WhenThe deadline to file suit is getting close

💡 When to use it

Send this to the adverse carrier when the statute of limitations is coming up and the claim isn't ready to resolve, usually because repairs are still running. Some states have a one-year deadline, and large repairs can easily take longer. A tolling agreement lets both sides keep working the claim without your client having to file suit just to protect it.

  • Send it early. Aim for at least 60–90 days before the deadline, so there's time to file if the carrier won't sign.
  • Best when liability is accepted. A carrier that has accepted liability has little reason to refuse, since tolling only keeps the claim alive while damages are finalized.
  • Get it signed before the deadline. An unsigned agreement protects nothing. If it isn't back in time, file in arbitration or refer to litigation to preserve the statute.
  • Diary the new deadline. Treat the tolled date like a real statute date.
  • Have legal counsel approve the agreement wording before your office uses it.

✉️ The letter

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[Adverse Carrier Name]
Attn: [Adjuster Name]
[Street Address]
[City, State ZIP]

[Today's Date]

RE: Request for Tolling Agreement — Statute of Limitations

Our Insured: [Insured's Name]
Our Claim No.: [Client Claim Number]
Date of Loss: [Date of Loss]
Loss Location: [Loss Address]		Statute of Limitations: [SOL Date]
Your Insured: [Responsible Party]
Your Policy No.: [Adverse Policy Number]
Your Claim No.: [Adverse Claim Number]

Dear [Adjuster Name]:

Our office is aware that the statute of limitations for this loss in [Loss State] expires on [SOL Date]. [Our client's damages are still being finalized because repairs are ongoing.]

If [Adverse Carrier Name] has accepted liability for this loss, please sign the enclosed tolling agreement. By signing, [Adverse Carrier Name] agrees to accept our demand once our client's damages are finalized, and to waive any defense based on the statute of limitations if this matter moves forward in arbitration or litigation.

Please sign and return the agreement by [Return Date]. If we do not receive the signed agreement by that date, our client may need to file in arbitration or litigation before [SOL Date] to preserve its rights.

Thank you for your prompt attention to this matter.

Sincerely,

[Name]
[Title]
[Company]
[Address]
[Phone] · [Email]

Enclosure: Tolling agreement

TOLLING AGREEMENT

This agreement is made between [Client Name], as subrogee of [Insured's Name], through its recovery agent [Your Company Name] ("Claimant"), and [Adverse Carrier Name], on behalf of its insured [Responsible Party] ("Carrier").

Claim: Loss on [Date of Loss] at [Loss Address], Carrier claim no. [Adverse Claim Number], Claimant claim no. [Client Claim Number].

  1. Tolling. The statute of limitations for any claim arising from this loss is paused (tolled) from the date of this agreement through [Tolling End Date].
  2. Acceptance of demand. Carrier agrees to accept and review Claimant's demand once Claimant's damages are finalized.
  3. Waiver of statute of limitations defense. Carrier agrees not to assert the statute of limitations as a defense in any arbitration or litigation of this claim filed on or before [Tolling End Date].
  4. No other waiver. Except as stated above, this agreement does not waive any other claim, right, or defense of either party.
  5. Extension. This agreement may be extended only in writing signed by both parties.

For [Client Name], by its recovery agent [Your Company Name]:

Signature: ______________________________ Date: ____________
Printed name and title: ______________________________

For [Adverse Carrier Name]:

Signature: ______________________________ Date: ____________
Printed name and title: ______________________________