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.


Asked on 10/29/03, 5:43 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 10/29/03, 8:10 pm
John D. Williams Law Offices of John D. Williams

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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Answered on 10/29/03, 11:26 pm


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