Legal Question in Personal Injury in California

Statue of limitations on civil property damage case.

In July 2002 my son was skipping rocks across the street with 3 other kids. The other kids denied it but my son admitted to throwing rocks and his name is the only one recorded on the police report. A lady in jaguar drove by at the time and was the one who called the police. She stated that 2 small chips on her door were a result of this incident. No one questioned her thinking she must be telling the truth, however, she had a lot of other work done and now the insurance company wants me to pay for it. I was just served July 2004 with papers. I did try to resolve this initially with the insurance company but got nowhere. They still expected me to pay for more than the 2 chips in the door despite the fact that that was all that was recorded on the police report. Is there a statue of limitations on a case like this? Do I even have a case?

Thank You


Asked on 8/07/04, 12:14 am

2 Answers from Attorneys
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Statue of limitations on civil property damage case.

The statute for property damage is 3 years from the date of the incident. The question is not whether you have a case but if the driver has a proper case against you for all her body work. Turn the papers (lawsuit) over to your homeowners or renters liability insurance company asap and they will handle this for you.

Read more
Answered on 8/10/04, 4:12 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Statue of limitations on civil property damage case.

If this is not a small claims court action, you should tender defense of the action to your homeowners and automobile insurance companies. One or both may have a duty to defend you. YOU ONLY HAVE 30 DAYS FROM THE DATE YOU WERE SERVED WITH THE SUMMONS AND COMPLAINT TO FILE A RESPONSE. If no response is filed, you will forfeit your rights. If it is getting close to the 30 day deadline, you should seek the services of an attorney in your area. The should be able to help you either receive an extension to answer the complaint.

Read more
Answered on 8/09/04, 5:10 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California