Legal Question in Personal Injury in California
My son was in an accident on a friends motorcycle. He almost died and has had many surgeries and more to come. The owners insurance company contacted the hospital and wanted to pay $10,000,00 towards the bill. The hospital told them they had to contact us, which they never did. What is the time limit to pursue a settlement from the insurance company?
5 Answers from Attorneys
Before two years from the date of the accident, the case must be either SETTLED or in COURT. If not, then the entire case is lost forever.
Your son's case sounds like it may be very complicated. It is VERY unusual for an insurance company to do what they did. You should have a lawyer on the case keeping them honest, and keeping the lines of communication open. If you would like to discuss the case some more, you can call me toll-free at (877) LION-FOR-LAW (546-6367)
Mr. Stone-Malloy's answer is a good one presuming the case is governed by California law. Other jurisdictions have different applicable deadlines. These are called statutes of limitation meaning you must bring your case by that calendar deadline or you will forever lose your right to do so. There are things that can act to make the deadline either longer or shorter. For example, if the owner is a public entity of some type, there is a different set of deadlines which is much shorter than if the owner is a private party and if your son is a minor or was a minor at the time of the accident then yet a different set of deadlines may be applicable to this case.
There is no doubt that the action of offering to pay toward the hospital bill is very unusual, I would highly recommend that you confer with the attorney of your choice on an immediate basis to assure that everything can be done to assure your son's legal rights. Feel free to contact my office at (415) 665-0400 or LawOfficesofThomasLLibby.com or contact Mr. Stone-Malloy or some other capable attorney or your choosing, but you should be conferring with some counsel on an immediate basis.
If you are in Los Angeles the Southern California area, contact an attorney at once. If there are grounds for a lawsuit, it needs to be filed immediately. Good luck.
My firm handles motorcycle accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.
My website is located at www.bikerlawyer.net .
You do not give enough facts for us to give you a correct response. I am guessing that the insurance company may have been that of the owner of the motorcycle, your son was covered as a permissive driver, and there was a $10,000 med pay coverage. If that is correct, he would be covered by a written contract and the four year limitations period would exist in California. Contact one of the gentlemen above to discuss your case further.