Legal Question in Personal Injury in California

Re: Statute of Limitation for filing automobile accident lawsuit

The statute of limitations on bodily injury claims was one year at the time of the accident. However, the statute of limitations on property damage claims is three years.

Turn this case over to your auto insurance carrier. They will assign a lawyer because even though this may have been resolved in the past they still should probably respond to the complaint.

The attorney may file a motion to strike the bodily injury damage recovery and then your attorney will need to answer the complaint as it relates to the property damage since the statute has not run on that recovery.

If the attorney negotiated this case to a resolution in the past they may be able to get the plaintiff's attorney to dismiss the entire suit if it included the property damage claim as well.

Good luck to you.

Re: Statute of Limitation for filing automobile accident lawsuit

This may also be a subrogation action where there insurance carrier is trying to seek money they paid to fix their clients vehicle back from you and your insurance company.

Also keep in mind that some courts are applying a two year time period and some are applyig a one year statute to pre 2003 claims.

Your attorney should be able to help you out with this.

Re: Statute of Limitation for filing automobile accident lawsuit

When the one-year limitations period was extended to two years, the change applied both to new claims and to existing claims which had not yet become time-barred. If the change became effective less than one year after your accident then the other parties are subject to the two-year limitation period.

Keep in mind that two years is how long the plainitff has to *file* a lawsuit. You were served in December but filing always takes place before service. A lawsuit which is filed on time might not be served until quite a bit later.

Also keep in mind that there are various factors which can extend the limitations period, including the defendant's absence from the state. The clock stops ticking each time the defendant leaves California and does not resume until he re-enters the state.

The insurance company may need to re-open your file. If it is unwilling to do so, you should have a lawyer review the case with you to see whether the insurer's decision is correct.

Re: Statute of Limitation for filing automobile accident lawsuit

In addition to what Mr. Hoffman says, it might be that the other person's insurance company is suing you in subrogation -- i.e. trying to recover the money it already paid to its insured. Other time limits apply to those kinds of suits. Please let me know if I can help.

Re: Statute of Limitation for filing automobile accident lawsuit

The statute of limitation for filing a personal injury claim was extended from 1yr to 2yrs in 2003.

The statute of limitation for propery damage claims is three (3) years.

Your insurance company should provide you with a defense.

Re: Statute of Limitation for filing automobile accident lawsuit

Please note: There is still a gray area in the law as to whether or not the 2 year statutue applies to personal injury claims accuring in 2002. In most matters, the insurance company's agreed to apply the 2 years statute to 2002 claims. However, in some matters, the carriers refused to apply the 2 year statute.