Legal Question in Personal Injury in California

Re: Last Summer's Car Accident and Lawsuits

Yes, there are time limitations that you need to follow or have the possibility of losing all rights. Thus, it is vitally important that you act quickly.

It is almost certain that the arbitration that is between the insurance companies is to resolve the issues between them as to which of THEM is going to pay for the damage to the vehicles.

However, if you were injured to your person, i.e., personal injury to any part of your body, these are rights that YOU have to exercise and that your insurance company will NOT do for you.

I would be happy to discuss your case with you.

J. Caleb Donner

[email protected]

www.donnerlaw.com

The LEGAL WARRIORS!sm

Re: Last Summer's Car Accident and Lawsuits

Last summer's car accident just won't go away. The insurance companies may be going to arbitration but your rights are going out the window. The insurance companies' arbitration is to decide issues between themselves. It isn't deciding your issues. You have to pursue your rights indepentantly.

You have one year from the date of the accident (in California) to file a lawsuit (uninsured/underinsured, one year to demand arbitration via certified mail). You have six months from the date of the accident to file a formal claim, if the wrongdoer is a governmental entity. There are other such timing rules. If you fail to follow these time limit rules, YOU WILL LOSE ALL RIGHTS.

Consult an experienced personal injury attorney immediately to have your entire situation looked evaluated. Such case evaluations are done free in most every law firm that specializes in personal injury law. It costs nothing up front to hire a personal injury law firm.

I would be happy to look over your case and speak to you about it, as long as the accident happened in California or the wrongdoer lives in California.

John Bisnar, Senior Partner, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, e-mail [email protected], 800-945-0123.

Re: Last Summer's Car Accident and Lawsuits

This will respond to your question that was posted to the lawguru.com on January 28, 2001 regarding last summer's car accident and lawsuits.

There is a statute of limitations in suing the other party. If you are presenting an injury claim, you have to file a lawsuit within one year from the date of the accident. For property damage claims, you have to file a lawsuit within three years from the date of the accident. If you miss those dates and your case is not settled, you are precluded from making any type of a claim against the other driver.

The arbitration you are referring to may be what is called "Inter-Company Arbitration" which is a separate and private dispute resolution that is set up specifically between the insurance companies. It may or may not affect the outcome of your case but generally, it does not have a bearing on what you are entitled to do. Therefore, regardless of the results of the arbitration, you are still entitled to file a lawsuit if it is done withiin the prescribed time.

If you are in the Orange County area, I would be glad to give you a free consultation concerning the specific details of your case. You may also direct any e-mail to my website.

Good luck,

SAM M. EAGLE, ATTORNEY AT LAW

10101 SLATER AVENUE SUITE # 218

FOUNTAIN VALLEY, CA 92708

E-MAIL: WWW.FIRMS.FINDLAW.COM/EAGLELAW007

PHONE: (714) 963-5123

FAX: (714) 964-9993