Legal Question in Personal Injury in California
SOL and auto accident
The insurance company initially offered me $750 which I refused.
The 2 year SOL time period has run (as of last month) but I have decided I want to file a lawsuit.
However, because the 2 year SOL period expired, I called the insurance company to request the original $750 check to--name removed--reissued because ''I had changed my mind and would now accept it.'' The agent told me the SOL period had gone--name removed-- I told him I knew that, but wanted to original $750 as settlement.
The agent sent me the original release to sign again. The fax cover page has the present date.
So,--name removed--this agent sending me the release to again sign, after the expiration of the 2 year SOL period, has he somehow permitted me to now file a lawsuit?
2 Answers from Attorneys
Re: SOL and auto accident
Take the money and forget about a suit.
Re: SOL and auto accident
No. You can always file a lawsuit, but the statute of limitations is a defense they will raise. The SOL can be tolled if the defendant is outside the state and not amenable to service of process. But, I wouldn't count on that fact coming to the rescue.
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