I have waited until the absolute last minute to take care of my insurance claim from a car accident I had in march 2011. I filed the claim in March 2011, but didn't take the settlement. Today may be the last day under the statute of limitations. I spoke with the insurance company yesterday, and they seem to be amenable to settling the claim, but we don't have an appointment until next week. Is my and GEICO's intention to settle enough, or should I file a claim in small claims court to preserve my legal rights?