California | Insurance Law
Legal Question
I have a question regarding the two-year statute of limitations and the date upon which this statute commences.
I submitted a claim to the City of Novato on April 22, 2010, the accident occurred on October 15, 2009. In a letter from the claims administrator for the City of Novato dated May 27, 2010, I was informed that my claim was rejected and that pursuant to City Ordinance 1489, section 15-2.46, the maintenance of the sidewalk and trees are the responsibility of the adjacent property owner. I was advised by copy of the letter dated May 27, 2010 to the property owner of the tender.
The paragraph below is from the letter dated May 27, 2010 from the claims administrator for the City of Novato.
“Accordingly, on behalf of the City of Novato I am tendering the defense and indemnity of the Stephanie Kenyon claim to you. A copy of the claim along with attachments to the claim is enclosed. Please contact your insurance carrier regarding this incident and have them contact Ms. Kenyon directly. By copy of this letter I am advising Ms. Kenyon of this tender.”
Does the statute of limitations commence on the date of the accident, October 15, 2009 or on the date the claim was tendered to the property owner, May 27, 2010?
Your assistance is greatly appreciated, thank you.
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