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  1. #1
    Join Date
    Mar 2006
    Location
    California
    Posts
    1

    Default Statue of Limitations on a Lawsuit

    Hi,

    I was in an accident last April that totalled both mine and the other party's car. After being hauled away in the ambulance, I provided proof of insurance to the cops that turned out to have expired due to me missing a payment.

    The other driver's insurance co says I'm at fault, and knows that my policy lapsed since they were also my agency. Neither I nor the other party was issued a ticket at the scene of the accident. So, just about a week ago the company mailed me estimates for 16k worth of damages to the other driver's car.

    Now, I am learning to live with the fact that I could have to shell out 16k (could have been much worse; luckily no injuries), but my question is this:

    Is there any chance that the insurance company will lose the ability to come after me in court after a certain amount of time passes? This isn't small claims and I don't know what the statute is, or if insurance companies and private lawyers follow different statutes.

    If I do agree to settle the claim and start paying, I would also be very amenable to knocking a bit off that 16k (however possible). Do I have rights to argue the estimates provided?

    Thanks so much,
    ScaredInSF

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    The statute of limitations period which would apply appears to be a three year period.

    You can contest your liability, as well as their claim as to the amount of damages.

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