Legal Question in Civil Litigation in California
CA statute of limitations
I was involved in an auto accident 2 years ago. The other party's insurance company paid for my car repair but has yet to pay for the $1000 in car rentals. What is the statute of limitations on bringing suit to recover this portion?
3 Answers from Attorneys
Re: CA statute of limitations
Statute of limitations for damage to personal property is 3 years. Your claim for lost use (rental costs). For that kind of money, I recommend that you threaten to file in small claims against the other driver -- that may be enough to pressure the insurer to pay up.
Re: CA statute of limitations
The statute of limitations for property damage is three years. Your case for loss of use is property damage. However, did you sign a release before you took the other money? If you did, you will have lost your ability to file a lawsuit for this money. This is why you should never sign any papers until you have them reviewed by an attorney.
Re: CA statute of limitations
The statute is three (3) years and is provided for in Code of Civil Procedure section 338 subd. (c).
I would pay close attention to the issue raised by Mr. Stein. You may have signed away your right to loss of use damages when you signed any paperwork for the property damage.
Very truly yours,
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