Legal Question in Personal Injury in California
I was reading through some answers on the web site about statute of limitations on auto accident claims. I see most attorneys list CA as having a one year limit. I was involved in an auto collision in early March 2008 that was determined to be my fault. I have/had very good insurance for this and was surprised to receive a summons almost 2 years after the incident. Apparently, the insurance company was unable to come to an agreement with the other party. When I spoke to my insurance company they told me the statute is actually 2 years, not one.
Are there exclusions and/or exceptions to the one year rule? Or, is my insurance company correct, and the 2 years apply? Could she be incorrect? If she is incorrect does that mean they are actually unable to move forward and I could ask for this to be dismissed based solely on the statute of limitations running out?
4 Answers from Attorneys
The statute of limitations for injury claims has been 2 years for about 5 years now. Many places still show old information.
Mr. Carballo is correct.
It appears the lawsuit was timely filed as the statute of limitations for personal injury claims is 2 years. It may be extended if the plaintiff is a minor.
The limitations period is two years. That is a recent change; it used to be one year. The answers which said one year may pre-date the change.
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