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Old 11-18-2017, 04:51 AM   #1
Tersa
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Default Car accident lawsuit in California

How long is the period where somebody can sue me for a car accident that occurred in California? The accident was just over two years ago and my insurer was never involved.

I live in Arizona now if that makes any difference.
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Old 11-18-2017, 01:13 PM   #2
adjusterjack
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Default Re: Car accident lawsuit in California

Generally, two years in both CA and AZ.

Unfortunately, CA suspends the running of the SOL from the time you leave CA.

See CA Code of Civil Procedure Section 351:

Quote:
351.


If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action.
http://leginfo.legislature.ca.gov/fa...ter=4.&article=

Are you being sued?

What do you mean your insurer was never involved? Why not?
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Old 11-18-2017, 04:37 PM   #3
Highwayman
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Default Re: Car accident lawsuit in California

Quote:
Originally Posted by Tersa View Post
...my insurer was never involved.
If you were involved in a motor vehicle accident, especially one with a personal injury, and your insurer was "never involved" then you're a fool and can potentially have a big problem.
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Old 11-19-2017, 06:29 AM   #4
Tersa
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Default Re: Car accident lawsuit in California

Quote:
Originally Posted by adjusterjack View Post
Generally, two years in both CA and AZ.

Unfortunately, CA suspends the running of the SOL from the time you leave CA.

See CA Code of Civil Procedure Section 351:

http://leginfo.legislature.ca.gov/fa...ter=4.&article=

Are you being sued?

What do you mean your insurer was never involved? Why not?

I hit somebody lightly in the back of their car. Very little damage on my car. But they did not want to call the police. I have a feeling based on what they said that they had been at a restaurant - and drinking. But now I received a letter saying they want the 950 dollars damage or they are going to sue me.
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Old 11-19-2017, 12:16 PM   #5
adjusterjack
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Default Re: Car accident lawsuit in California

Quote:
Originally Posted by Tersa View Post
I hit somebody lightly in the back of their car. Very little damage on my car. But they did not want to call the police. I have a feeling based on what they said that they had been at a restaurant - and drinking. But now I received a letter saying they want the 950 dollars damage or they are going to sue me.
Words to live by:

NEVER allow anybody to talk you out of calling the police, even if it's your fault.

ALWAYS notify your insurance of an accident, even if it's your fault.

Notify your insurance now.

Do not respond to the other person. If you pay the $950 they'll end up claiming an injury and then you'll be up the creek and your insurance will be in jeopardy.
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Old 11-20-2017, 02:33 AM   #6
goddessoflubboc
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Default Re: Car accident lawsuit in California

Your insurance would not be in Jeopardy. What's your deductible? Submit it now if it's pretty low.

Mines $500, I'd pay the $950 personally (with a signed release). Given the upcharge I'd get on my insurance it'd be cheaper.
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Old 11-20-2017, 09:02 PM   #7
adjusterjack
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Default Re: Car accident lawsuit in California

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Originally Posted by goddessoflubboc View Post
Your insurance would not be in Jeopardy.
Uh, read your policy, goddess, where it says Duties in the Event of Loss, Claim or Accident.

Waiting 2 years to report an accident to your insurance company could very well jeopardize your insurance if you have failed to comply with your contractual obligations.
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Old 11-21-2017, 02:25 AM   #8
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Default Re: Car accident lawsuit in California

Normally the limitation period to initiate a car accident claim case is two years. But in case if the actual damage/injury is discovered only after the limitation period and the Court is convinced of the facts a case can be initiated even though the limitation period is passed.
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