Legal Question in Administrative Law in California
Hit by a Car while walking across street with a green light.
On Jan 3rd 2006. However, I intuitively I started calling in November 2007 requesting contact to settle. I did not accept initial settlement. Although, I had not intend to file legal suit. From Nov to Jan 23 I continue to call request settlement. The ins carrier never called back. I left several messages. Can I still make a claim for non responsiveness?
2 Answers from Attorneys
Re: Hit by a Car while walking across street with a green light.
Unless you filed the lawsuit by Jan 6,2008, you have no remaining claims to make. If you did file, then take appropriate action on the case.
Re: Hit by a Car while walking across street with a green light.
The statute of limitations for personal injury due to negligence of another is two years. Some circumstances either delay the beginning of the limitations period or pause the running of the clock, but in general a suit must be filed for damages from personal injury within two years, if ever.
In isolated cases there might be provable fraud or bad-faith settlement techniques used by the negligent party's insurance carrier which would give you, the injured party, a claim against the insurer, but this is a specialized area and I don't know to what extent, if any, the insurance bad faith principles go to protect the claimant rather than the insured.
I suggest you go see a personal injury lawyer (it is a competitive business and you can probably get one or more free consultations without much difficulty) or re-ask your question on LawGuru under an insurance law or personal injury law topic heading.
"Administrative law" is the topic that deals with government bureaucracies and their rules; things like social security, planning and zoning, workers' comp., restaurant inspections and that sort of thing.