Legal Question in Insurance Law in California
Statute of Limitations
What is the California Statute of Limitations for bodily injury claims under the Uninsured or Underinsured Mortorist coverage? The accident took place on 11-23-03.
2 Answers from Attorneys
Re: Statute of Limitations
See California Insurance Code section 11580.2(i)(1), which provides that an insured -must- do one of the following within one year of the accident to preserve an uninsured motorist claim:
(A) Suit for bodily injury has been filed against the uninsured motorist, in a court of competent jurisdiction.
(B) Agreement as to the amount due under the policy has been concluded.
(C) The insured has formally instituted arbitration proceedings by notifying the insurer in writing sent by certified mail, return receipt requested. Notice shall be sent to the insurer or to the agent for process designated by the insurer filed with the department.
I believe you misstated the accident date. It must have occurred in 2002.
Re: Statute of Limitations
The statute of limitations is one year. You should see an attorney immediately.
If you would like a free initial consultation and case evaluation, please e-mail me with contact information or call me at (818) 991-6664. I have over twenty-three years experience in these matters.
Good luck and thank you for your inquiry.
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