Legal Question in Administrative Law in California

Statue of limitation in California (car accident)

How do I extend the statue of limitation beyond the 2-year limit until I finish with the physical therapy treatment?


Asked on 1/14/08, 9:40 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Statue of limitation in California (car accident)

you don't. File on time or lose your claim.

If you've got a valid claim with more than nominal medical and other financial damages, feel free to contact me for the legal help you'll need. I've been doing PI for over 30 years.

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Answered on 1/15/08, 1:05 pm
George Shers Law Offices of Georges H. Shers

Re: Statue of limitation in California (car accident)

The only way is to get a written waiver of the Statute by a claims adjuster who has the clear authority to do so. Or to get it from the defendant. It is very doubtful either would co-operate and mere verbal statements are insufficient.

So you need to file before the two years are up. If the accident occurred 1/01/06, you would have to file the papers in court so that they are date stamped 1/01/08. Mailing the papers on 1/01/08 will result in your bodily injury claim being barred, although your property damage claim will still exist.

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Answered on 1/14/08, 10:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Statue of limitation in California (car accident)

There are factors which toll (stop) the running of the statute-of-limitations clock, but generally they are not factors that the prospective plaintiff can manipulate.

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Answered on 1/14/08, 10:51 pm


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