Legal Question in Personal Injury in California

I hit a car 2 years ago and I am being sued in for excess of my insurance policy. There was no damage to the other car, traffic was stopped and when I released the brake pedal I hit the car in front, my air bag did not deploy. Can someone sue after 2 years? How much damage or injury can someone suffer from this accident? Also I was on my employer's time when this accident happened.


Asked on 10/28/09, 2:26 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Immediately send a copy of the summons and complaint to your insurance carrier at the time, and ask it to defendant and indemnify you. Usually, an insurance carrier will try to settle the case for within policy limits without any financial exposure to the insured. When you do so, explain the circumstances, and let your carrier decide how to proceed, perhaps using your employer's insurance policy (if any) as a secondary source of insurance.

The lawsuit probably was filed within the two years post-accident, but perhaps not served until later. The statute of limitation for a personal injury is two years, and for property damage is three years.

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Answered on 11/02/09, 2:39 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with everything Mr. Cohen says. Turn the matter over to your insurance company. This is what your insurance policy is for.

Note that your employer may or may not be liable. That you were on company time is not enough to make it liable. Whether it actually is liable will depend upon additional facts that you didn't describe in your post.

Good luck.

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Answered on 11/02/09, 3:02 am
Steven Kuhn Steven Kuhn

The statute of limititations for personal injury claims in California is 2 years. Check and see if the lawsuit was brought within 2 years if they are sueing for personal injuries. If the claim is for property damage only the statute is 3 years. They still have to prove the injuries and damages are related to the minor impact with your car.

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Answered on 11/02/09, 11:18 am


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