Legal Question in Personal Injury in California

Auto Accident

I was driving and had an accident. It was determined to be my fault and no other car was involved. I was driving a rental car. My relative who was in the car was injured and permanently disabled. It has been 3 years since this happened. I have heard that he now wants to sue me. Can she? Should I hire a lawyer? Does my auto insurance, homeowners or credit card insurance help me with this, or will I be personally sued?

Asked on 4/22/02, 5:16 pm

3 Answers from Attorneys

Re: Auto Accident

The statute of limitations on personal injury in California is 1 year from the date of the accident. If the passenger was under the age of 18, then they have 1 year from the time that they turn 18 to bring an action. If you there is any actionable case, your personal automobile insurance would cover you or, if you had paid for liability insurance when you rented the car, they would then cover you. This would normally include the defense of an action even if there is no finding of liablity. Good luck.

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Answered on 4/23/02, 10:53 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Auto Accident

You would be personally sued, but your auto insurance (and rental car/credit card insurance, if you had it) will pay the costs of defense and any award/settlement, up to the policy limits.

The statute of limitations on personal injury actions is usually one year from the time of the accident in California, or one year from the time the injured person turns 18 if he was a minor at the time of the accident, so your relative may not have a case.

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Answered on 4/27/02, 11:33 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Auto Accident

There is a one year statute of limitations in California for personal injury actions. It sounds like this accident was beyond the statute. I don't think a lawyer would even take her case unless she is a minor, in which case, the statute would not start to run until she turned 18.

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Answered on 4/23/02, 3:30 pm

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