Legal Question in Personal Injury in California

I was reading through some answers on the web site about statute of limitations on auto accident claims. I see most attorneys list CA as having a one year limit. I was involved in an auto collision in early March 2008 that was determined to be my fault. I have/had very good insurance for this and was surprised to receive a summons almost 2 years after the incident. Apparently, the insurance company was unable to come to an agreement with the other party. When I spoke to my insurance company they told me the statute is actually 2 years, not one.

Are there exclusions and/or exceptions to the one year rule? Or, is my insurance company correct, and the 2 years apply? Could she be incorrect? If she is incorrect does that mean they are actually unable to move forward and I could ask for this to be dismissed based solely on the statute of limitations running out?


Asked on 6/14/11, 5:21 am

4 Answers from Attorneys

Tony Carballo Carballo Law Offices

The statute of limitations for injury claims has been 2 years for about 5 years now. Many places still show old information.

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Answered on 6/14/11, 6:04 am
George Shers Law Offices of Georges H. Shers

Mr. Carballo is correct.

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Answered on 6/14/11, 6:36 am
Steven Kuhn Steven Kuhn

It appears the lawsuit was timely filed as the statute of limitations for personal injury claims is 2 years. It may be extended if the plaintiff is a minor.

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Answered on 6/14/11, 8:58 am
Edward Hoffman Law Offices of Edward A. Hoffman

The limitations period is two years. That is a recent change; it used to be one year. The answers which said one year may pre-date the change.

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Answered on 6/14/11, 11:35 am


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