Legal Question in Civil Litigation in California
Auto damage - insurance company refusal to pay and statute of limitations.
In November, 2003, I was rear-ended in an accident and the other party accepted responsibility. His insurance company agreed to pay for repairs. The body shop said it was fixed, but we noticed several (major) problems. We returned it to fix the problems but they said the insurance company would not authorize any more repairs. When we asked why, they claimed that the damage (bent frame) could not have been caused by this accident. My insurance company took over the claim and had it repaired at a different body shop. They are attempting to collect damages from the other insurance company. Meanwhile we are out our $500 deductible and $450 rental car fees above the limit of our insurance coverage. Who can we sue to recover our out-of-pocket costs? What is the statute of limitations? Will settling the car damage affect our ability to collect on personal injury claims?
3 Answers from Attorneys
Re: Auto damage - insurance company refusal to pay and statute of limitations.
Um, since you are considering filing a personal injury claim you probably have a lawyer by now (it is a year after the accident) and your lawyer will know the answer to the rest of your questions such as the statute of limitations.
Re: Auto damage - insurance company refusal to pay and statute of limitations.
The statute of limitations for personal injury from auto accidents and certain other incidents is 2 years. Property damage is usually 3 years. You should immediately contact an attorney regarding this matter.
Re: Auto damage - insurance company refusal to pay and statute of limitations.
Property damage claims must be made within 3 years. Personal injury claims must be made within 2 years.
Contact an attorney in your area to obtain a free consultation.
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