Legal Question in Personal Injury in California
Third Party Recovery for damages
The accident happened on February 22, 2000 and I do understand that a claim to a personal injury is a year from the date of the injury. However, can a third make, which is the insurance, claim for the injuries of their client? The summons were received today.
3 Answers from Attorneys
Re: Third Party Recovery for damages
if the insurance company paid a claim it usually has one year from when they pay.
Re: Third Party Recovery for damages
You'll of course want to raise the affirmative defense of 'comparative negligence.' And this may permit you to cross-complain against the other party. But on this I'm not sure.
Re: Third Party Recovery for damages
I'm guessing that you were uninsured or underinsured, and the other driver's insurance company had to pay money under the other driver's uninsured motorist portion of the policy.
In this case, yes, an insurance company can sue the un/underinsured party for reimbursement.
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