Legal Question in Insurance Law in California
statute of limitations for auto damage collection?
Apparently, in 11/04 my vehicle was involved in an ''Incident'' while someone else had borrowed my vehicle. I was unaware of this. No damage done to my car. I was contacted by an insurance company in Jan 05 and requested a copy of a police report as I was unaware of the accident. I never heard anything else. Today 5/10/07 I receive a letter from a collection agency stating You were involved in an INCIDENT in 11/04 and requesting proof of insurance, or close to $20,000. How do I handle this? (Person who had borrowed my vehicle has vanished)
2 Answers from Attorneys
Re: statute of limitations for auto damage collection?
You should report this to your insurance company, if you have insurance. Give them a copy of the collection letter. They may deny coverage now since it was not reported to them timely, ie when you first became aware of it. If they cover it, you should let them deal with it.
If they don't cover it, or you don't have insurance, you should ask for all documents that they collection agency has, and then try to locate the person who borrowed your car. You will probably be sued on the matter if you have no insurance and should talk to an attorney.
Re: statute of limitations for auto damage collection?
The statute of limitation for an individual suing for property damage is three years. However, if the person's own insurance company pays that person, it has more time to try to collect from you in subrogation. Mr. Stein gives good advice.
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