Legal Question in Personal Injury in California

My friend used my car 18 months ago and was charged with a hit and run. The friend in question does not have car insurance and everything was taken care of by my insurance company. I was just informed this morning by my insurance company that the plaintiff is suing for $18,000 dollars. I wanted to know what the statute of limitations is on this and if they have any validity in their claims if I was to pursue this in the court of law?


Asked on 8/11/09, 2:56 pm

1 Answer from Attorneys

Joe Marman Law Office of Joseph Marman

If you had limited policy coverage, for example, $15,000 per person, there could be an excess amount of money for compensation to the victim, that your insurance company did not pay for. Typically, your own insurance company will require a Release, which prevents the victim from suing you for more money than is available in your policy limits. It is possible that the victim's own insurance paid some for damages, and is seeking recovery from you for what they paid.

The Statute of Limitations is 3 years from the date that the insurance company paid their insured. Otherwise, the Statute of Limitations for personal injury is 2 years from date of injury.

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Answered on 8/11/09, 4:39 pm


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