Legal Question in Personal Injury in California
Statute Of Limitation Extension
an insured motorist(IM) was rear-ended by an uninsured motorist(UM). IM couldn't make a demand to the UM because IM was still accruing medical bills. During this one year time frame, IM did not file a suit. Once the IM stopped receiving medical treatment and received a final tally of the medical costs, they made demand to UM, however, it had been about 16 months since date of loss. Question is: does the 1 year statute of limitations run one year from the date of loss or one year from the date of the last payment the IM insurance paid for medical costs?
4 Answers from Attorneys
Re: Statute Of Limitation Extension
One year from date of accident. However, the insurance carrier, if you reported the loss and they made any payment, including property damage, must give you written notice of the statute of limitations (see Insurance Code � 11580.2
Re: Statute Of Limitation Extension
Sorry, times up and you blew the statute. That is if I understand right that the other guy hitting you was uninsured, and therefore no insurance company for him was involved or obligated to warn you of the statute limit.
Re: Statute Of Limitation Extension
A problem may occur if an insurance policy is discovered on the other side, such as a different registered owner. Therefore, you should obtain a document called SR19 from DMV showing no coverage on the other motorist.
If the other driver was truly uninsured, then you do not need to worry about not filing a lawsuit within one year. I am however curious about the position your insurance took. Did they deny your claim? did they ask you to provide a copy of a lawsuit? I am available to consult with you free of charge. Call me at (323)782-0099.
Re: Statute Of Limitation Extension
The one-year statute for personal injury claims in California is one year from the date of the accident. This is true whether it is a claim against another driver directly or the insurance company. The one year statute from the date of loss also applies to uninsured motorist cases regardless of whether you are making a claim against the uninsured driver or your own insurance company under your uninsured motorist coverage.
For an uninsured motorist claim you either have to file a lawsuit or make some type of a demand for arbitration. If you did not do any of these things, you may have lost your ability to pursue any type of a personal injury claim. Once you have been treating for about six months, you definitely should have at least a consultation with a personal injury attorney. You never have to wait until you are completely finished with your medical treatment in order to establish your claim or make some type of a demand.
Good luck to you.
Sam M. Eagle, Attorney at Law, 10101 Slater Avenue #218, Fountain Valley, Ca 92708; phone 714-963-5123; fax: 714-964-9993; e-mail; [email protected]
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