Legal Question in Insurance Law in California
I have a question regarding the two-year statute of limitations and the date upon which this statute commences.
I submitted a claim to the City of Novato on April 22, 2010, the accident occurred on October 15, 2009. In a letter from the claims administrator for the City of Novato dated May 27, 2010, I was informed that my claim was rejected and that pursuant to City Ordinance 1489, section 15-2.46, the maintenance of the sidewalk and trees are the responsibility of the adjacent property owner. I was advised by copy of the letter dated May 27, 2010 to the property owner of the tender.
The paragraph below is from the letter dated May 27, 2010 from the claims administrator for the City of Novato.
�Accordingly, on behalf of the City of Novato I am tendering the defense and indemnity of the Stephanie Kenyon claim to you. A copy of the claim along with attachments to the claim is enclosed. Please contact your insurance carrier regarding this incident and have them contact Ms. Kenyon directly. By copy of this letter I am advising Ms. Kenyon of this tender.�
Does the statute of limitations commence on the date of the accident, October 15, 2009 or on the date the claim was tendered to the property owner, May 27, 2010?
Your assistance is greatly appreciated, thank you.
2 Answers from Attorneys
The limitations period began on the date of the accident. It would be unjust to the owner to prolong her exposure just because you sought relief elsewhere first.
Most likely the date of the accident or shortly thereafter. Definitely not the date of any of the letters. The only exception is if you thought the city was wrong and you had a right to sue the city, you only had six months from the denial of your claim. As to the private injury claim, he time starts running when the plaintiff knows of the injury and has suspicion of wrongdoing. Suspicion of wrongdoing is defined as knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone. Bristol-Myers Squibb Co. v Superior Court (1995, 4th Dist) 32 Cal App 4th 959, 38 Cal Rptr 2d 298. If you do not file a lawsuit within this time, you cannot sue.
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