Legal Question in Civil Litigation in California

Indemnity

Please tell me the statute of limitations on indemnity. This is in regards to a lawsuit between an automobile insurance company and myself.

The insurance company is suing me for damages that they paid to their insured who ran into my stationary vehicle. The accident occured in February of 96. I was served with the lawsuit in January of this year.

Because I did not have insurance at the time of the accident and because I had a crummy attorney who dropped the ball in 96, I have recovered nothing for my damages which include a totaled vehicle, medical bills and lost wages. I tried to sue the person who ran into me in small claims court, but the judge denied my claim.

Do I have any recourse in this matter? Can I cross complain in this suit against the insurance company?

Thank you for your help.


Asked on 7/12/99, 11:47 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Indemnity

The statute is 3 years after payment. I defend a lot of these cases. let me know if I can help.

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Answered on 7/16/99, 4:05 am
John Hayes The John Hayes Law Offices

Re: Indemnity

Actually the statue of limitations vary. For the personal

injury portion you have one year from the date of

the accident. For the property damage it is three years.

If they had not filed a lawsuit you would be out of luck

and filing a malpractice action against your attorney.

As it is since a lawsuit was filed against you, you

now can file a cross complaint for your damages.

If you would like additional information or help filing

a cross complaint or a malpractice action,

please feel free to call me at (805)546-9918

or you may email me at [email protected]. I look

forward to discussing this case with you.

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Answered on 7/17/99, 12:16 am


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