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  1. #1
    Join Date
    Mar 2006
    Location
    Southern California
    Posts
    2

    Default Statute of Limitations 'Loophole' in Accident Case

    Basic Information:
    Auto accident occured 3/31/04 in LA County, CA. Back injury sustatined which had been dornmant for almost 2 years prior to the accident -- no doubt the person who hit me (from the rear) is @ fault.

    Question: Obviously, I'm running low on time to either file in Small Claims Court, or accept the insurance company's settlement offer which covers the bare minimum of my medical bills (and only ONE week of lost wages rather than 4 months). Here's the problem -- After my medical bills had been submitted and their settlement offer had been given to me, my back was still giving me problems -- I revisited my orthopedist who wants an MRI done with talk of possible epiderals following. I do not currently have medical insurance to cover the MRI, and the company who's insured the at fault driver has not acknowledged my phone calls or mailing of the newest medical bill and the RX for the MRI. I don't know what to do -- the Statute of Limitations on this is almost up (less than 48 hrs before I need to decide to take it to Small Claims or accept their horrible settlement offer) yet the LAST medical bill has not been included in the offer, nor has the MRI RX been honored.

    Due to this, does the statute still apply? Is there a loop hole that can buy me time to file to a higher court system rather than Small Claims, and allow me time to obtain counsel?

    Fair or unfair unfortunately isn't the issue when dealing with insurance companies, of course they don't want to pay what's deserved if they don't have to, but the fact they haven't included the last medical bill, OR the doctor's request for an MRI, I don't feel like I should have to remain in pain simply because they don't want to pay for bills due to an idiot THEY insured.

    ANY help in this matter is GREATLY appreciated -- even if I can buy a week, to get the MRI done (AND paid for by them) and get the other medical bill added on and to the settlement.

    Thank you in advance.

    ~Heather

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

    Default

    What you describe would not be a basis to extend the statute of limitations. If your damages exceed the small claims limit, consider going to the courthouse tomorrow, buying copies of the complaints from a couple of auto accident cases, using them as a model to draft your own complaint, and filing your complaint tomorrow afternoon or Friday such that you don't miss the deadline for filing. Or consider having a lawyer or paralegal service draft a complaint for you.

  3. #3
    Join Date
    Mar 2006
    Location
    Southern California
    Posts
    2

    Default

    Quote Quoting Mr. Knowitall
    What you describe would not be a basis to extend the statute of limitations. If your damages exceed the small claims limit, consider going to the courthouse tomorrow, buying copies of the complaints from a couple of auto accident cases, using them as a model to draft your own complaint, and filing your complaint tomorrow afternoon or Friday such that you don't miss the deadline for filing. Or consider having a lawyer or paralegal service draft a complaint for you.
    ..WoW, I'm thoroughly confused, this is by no means any situation I've ever been involved in, and I think insurance companies thrive on overwhelming people and not doing their job to screw people over -- this is by no means a million dollar case, or one even exceeding 20,000 -- I simply want my medical paid, and my lost wages for the 4 months I was flat on my back in pain, nothing more.
    Truly, my damages SHOULD exceed Small Claims, although even the small claims limit exceeds their pathetic settlement offer, and I don't feel there'd be a descrepency in small claims, even with me having to represent myself.

    You mention obtaining complaints from accidents and drafting my own complaint -- which is submitted, I'm assuming (of course) to the courts -- can you explain that a smidge more indepth? What the complaint itself consists of -- I have a friend who's an attorney in this area who's been helping me out and I'm trying to get ahold of him to formally take the case and file for me, but I haven't heard back from him, and am running extremely short on time.


    Thank you SO much for the reply and help.

  4. #4
    Join Date
    Apr 2006
    Location
    HAMPTON VIRGINIA
    Posts
    21

    Default CAR ACCIDENT

    THERE IS A SOL ON THIS MATTER, I WAS IN A BAD CAR ACCIDENT 01-2005 THEY ONLY ALLOW YOU 2 YRS TO FILE A CLAIM,SUBMIT A CLAIM TO BEGIN WITH YOU NEED A LAWYER TO HELP YOU AND GET HIM OR HER TO FILES SOMETHING ASAP AND GET YOUR MRI DONE LET THEM KNOW THIS IS DUE TO AND ACCIEDENT AND GET YOUR LAYWER TO WRITE A LETTER STATING IS YOUR LAWYER AND THEY WILL GET PAID FROM THE PROCEEDS E-MAIL ME AT pscales101@yahoo.com and let you know more if you like you can call me at 757-722-4853

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