Legal Question in Personal Injury in California

Statue of Limitations

I was involved in a car accident in Anaheim in March 2005. The at-fault driver was a Washington resident on a business trip, driving a rental car (and covered by the rental insurance). I had recently moved to California and still had a NC driver's license and registration. My car was totaled and I never bought another car, so I never had a California license or registration. Is there any way that other states' statute of limitations would apply and would this be to my advantage? Could you please clarify the California statute of limitations for both property damage and personal injury that would be applicable for an accident in March 2005. Thanks so much.


Asked on 12/14/05, 2:08 pm

4 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Statue of Limitations

California's limitation period for personal injury is 2 years and for property damage 3 years. Since the accident occurred in Anaheim, it seems likely that CA law applies. Please let me know if you'd like some help.

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Answered on 12/14/05, 3:37 pm
Michael M. Marzban, Esq. Bob M. Cohen & Associates

Re: Statue of Limitations

According to California Law, the statute of limitations has not yet expired in your case. For a personal injury claim the statute of limitations is 2 years, but the longer you wait, then the more you damage your case. Think about what a jury would think: if the plaintiff really got hurt so bad, then why did it take him so long to bring a claim? Give me a call and I'll see what me and my firm can do for you. Personal injury is our main practice.

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Answered on 12/14/05, 4:03 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statue of Limitations

Mr. Cohen and Mr. Marzban are correct.

You can sue the other driver in Washington if you want, but I don't see why you would. The substantive laws of California would determine who was at fault for the accident and how the rental liability insurance policy is interpreted; even if you sue in Washington the court will have to apply California law.

I see no basis at all for you to sue in North Carolina. Even if you could, California law would still apply.

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Answered on 12/14/05, 5:11 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Statue of Limitations

You should file suit. The CA s.o.l's apply but should not be relevant because you should not wait. Delay only serves to help the defendant. If this was a business trip look for an employer for additional liability. Go for it, don't wait and the statute of limitations is not an issue. California courts have jurisdiction because the accident occurred here.

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Answered on 12/14/05, 5:32 pm


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