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?
3 Answers from Attorneys
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.
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.
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.