I was reading through some answers on the web site about statute of limitations on auto accident claims. I see most attorneys list CA as having a one year limit. I was involved in an auto collision in early March 2008 that was determined to be my fault. I have/had very good insurance for this and was surprised to receive a summons almost 2 years after the incident. Apparently, the insurance company was unable to come to an agreement with the other party. When I spoke to my insurance company they told me the statute is actually 2 years, not one.
Are there exclusions and/or exceptions to the one year rule? Or, is my insurance company correct, and the 2 years apply? Could she be incorrect? If she is incorrect does that mean they are actually unable to move forward and I could ask for this to be dismissed based solely on the statute of limitations running out?
Answer
The statute of limitations for injury claims has been 2 years for about 5 years now. Many places still show old information.
Answer
Mr. Carballo is correct.
Answer
It appears the lawsuit was timely filed as the statute of limitations for personal injury claims is 2 years. It may be extended if the plaintiff is a minor.
Answer
The limitations period is two years. That is a recent change; it used to be one year. The answers which said one year may pre-date the change.
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