Legal Question in Civil Litigation in California
Someone hit my car and caused $750 of bumper damage. It has been over three years since the incident, but under 4 years since they texted me telling me not to worry about it, it will be fixed. In California, the statute for an accident claim in court is 3 years, but there is a 4 year statute on claims for a "contract." Can I sue based on this text, claiming the text as a written agreement? Again, it has been under 4 years since the text message. Thank you.
1 Answer from Attorneys
By itself, the text message you describe would not qualify as a contract. But it could be *part* of a contract depending on what else you and the other driver said and did. Even if you don't have a contract, you may have grounds to argue that the limitations period should not be enforced in this case. That, too, will depend on his and your statements and actions. From the limited information you've provided, I can't say how likely either of these possibilities actually is.
Good luck.
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