Legal Question in Traffic Law in California

timely manor

I was in an auto accident that involved 7 cars. I was in the middle and was found by the chp to have no fault in the accident. My adjuster has to this day not finished the claim. It has now been 28 months since the claim was originally filed. He now wants me to get together with him and have my side of the story recorded for the second time. i--name removed--fed up with him and his lack of communication. I woulod really like to tell him to go take a hike. Is there a timely manner that this claim should be resolved or do I have to put up with this clown until the company says it is done?


Asked on 1/18/07, 8:31 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: timely manor

You have an issue here. The statute of limitations (ie the time you have to file a lawsuit) is 2 years (24 months) from the date of the accident for bodily injury. Thus, if it has been 28 months, your claim is barred.

If you have a claim for property damage, the statute of limitations would be 3 years (36 months).

If it is your insurance company and you have a PD claim, file a complaint with the Dept. of Insurance. If it is the other party's insurance company, file a lawsuit against the person who caused the accident. This has gone on too long.

You can read more about how to do this at my blog, www.calpiblog.com

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Answered on 1/26/07, 9:38 pm


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