Expert: Doctor Settlement - 7/31/2006

Question
in the state of california do u have a time limit to file a claim for an accident? it was going to be dealt with out of pocket but its been like three months now. is there a time limit to file with your insuance for them to cover it?

Answer
Personal Injury Statute of Limitations
Motor Vehicle Accidents Statute of Limitations
California Statute of Limitations
Comply With Statute of Limitations
File and Serve Lawsuit Statute of Limitations


Dear Jolene,

Your question is whether or not there is a statute of limitations in California, and if so, how long do you have.

Yes, all states have statutes of limitations, which set a time, usually in two to four years, during which one must commence litigation or the claim will be forever barred.

There are different limits for different types of legal actions.  Since you asked under the category of "auto insurance claims", I guess that must be your interest, and so I will tell you that in your state, the statute of limitations is two years.

Note that the requirement to "commence litigation" can usually be done either by serving the lawsuit on the tortfeasor or filing it with the Clerk of the Court, PROVIDED THAT WHICHEVER ONE IS DONE FIRST, THE OTHER IS COMPLETED WITHIN A LIMITED NUMBER OF DAYS (usually 90 days).

In other words, you can FILE the lawsuit on the last day before expiration of the statute of limitations, but you have to SERVE it within the specified number of days thereafter or else your lawsuit will not be deemed to have been properly commenced for purposes of complying with the statute of limitations.

You can read all about statutes of limitations here: Directory of Legal Information Statute of Limitations for Personal Injury Insurance Claims Motor Vehicle Accidents http://www.settlementcentral.com/page0452.htm

If you do have an injury claim, you might try to settle it yourself long before the statute of limitations expires.  

Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member.  Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com