Legal Question in Insurance Law in California

Statute of Limitations

I was involved in a car wreck 10 months ago while driving a rental car. I thought I had insurance through my credit card company. The rental car company said I did not need their insurance if I had it on my Visa, which it turns out I did not. The called me recently looking to get my insurance information which I do not have. I ignored there call so far, but am afraid they will sue. Do you think they will come after me and if so, isn't there a time limit for them to do so?


Asked on 4/26/00, 2:04 pm

3 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Statute of Limitations

They have up to 3 years to file a lawsuit against you for the damages to their vehicle. If you are sued, you must file a proper, and legal answer the complaint within 30 days. If you fail to do so, they will receive a default judgement against you, and start to the collect on the judgment. You may have a few options as far as coverage, and defenses. Please feel free to contact my office by phone at 805-546-9918, or by email at [email protected]. My toll free number is 877-546-9918 and it will be back in operation tomorrow. If you email me, please leave a brief description of this email along with your name, a way to get in touch with you and a good time to call. The consultation is free. What I have done in situations similar to your own is help prepare a defense for the person, but the person actually acts as there own attorney. This gains you sympathy with the judge, you don't have to pay nearly as much in attorney's fees and you still get the advantage of one helping you out. I look forward to hearing from you. Until we talk, try not to stress about the situation. As long as you handle it right from the beginning things should go smoothly. Also, the free consultation is just that free. You are under no obligation to retain my services. I look forward to speaking with you.

Sincerely,

John Hayes

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Answered on 6/07/00, 3:52 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Statute of Limitations

they will come after you. they have 4 years to file a lawsuit.

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Answered on 6/07/00, 11:07 am
Jeffrey Zinder Zinder & Koch

Re: Statute of Limitations

The statue of limitation for damage to property is 3 years. You may be responsible for the damages to the rental car even though your "thought" that you had automatic insurance coverage. Unless the rental car agent "encouraged" you not to take out their optional coverage---unlikely in view of the profit the make on that sale---the rental car company will not be prevented from seeking recovery against you.

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Answered on 6/07/00, 11:09 am


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