Legal Question in Personal Injury in California

Re: Wrongful Death of Grandfather

Unless there might be fraud on the part of the insurance company, or a breach of contract claim can be established, I do not see ability to pursue claim of any kind. Claim appears gone against the other individual involved in the accident. Call to discuss if you wish.

Re: Wrongful Death of Grandfather

California has a two-year limitation on most lawsuits involving death or injury, so your grandmother's claim is probably time-barred. There is a loophole, though, which might apply in this case. When the defendant leaves California, the limitations period stops ticking and does not resume until she returns. If the other driver enrolled in an out-of-state college or spent several months outside the state for other reasons, there may still be time to sue her.

Bear in mind that being able to sue is not the same thing as being able to win. If the accident actually was entirely your grandfather's fault then the other driver will not be held liable. She could be held liable for a if she was partly to blame, but the damages would be proportionately less than if the fault had been hers alone.

Your grandmother may also have a claim against the insurance company if it denied the claim wrongfully. There is normally a four-year limitation period for breach of contract cases, but many insurance policies require suits to be brought within a shorter time. Depending upon what the policy says, there may still be time to bring such an action.

It may also be possible to sue the insurer for fraud, which has a three-year limitation period. Nothing you have said suggests that the insurer committed fraud, but then you have only provided a few key facts. If the other facts somehow support a fraud claim (unlikely, but possible) your grandmother should be able to sue on that basis.

Re: Wrongful Death of Grandfather

In July, 02 the statute (time limit) was one year from the date of accident. So you've probably already been told that the time limit has expired and it's too late for your grandmother. There still may be an exception that if your grandmother never had an atty and the other ins co. never gave her notice of the statute, the case could still be open but this is remote. Besides, your grandfather may have been fully at fault. "Supposedly speeding" isn't a strong argument. What did the police report and witnesses say? Anyway, if no lawsuit was filed by July, 03, I feel it's too late.