Question about Statute of limitations?

[ghoust]

What is the name of your state? CA

I was at fault in an accident in september 2002. unfortunately I only had minimum coverage and the property damage was above the limit. Other driver had full coverage and also had uninsured motorist coverage. So he was taken care off by his insurance company. Now his insurance company wants payment for amount above policy limits and they sent me a claim letter dated October 20th.

Statute of limitations is 1 year in CA so do I have a case against the insurance company to not pay since they are asking for payment well over the year mark?? I would appreciate your input on this. thanks in advance.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

I was at fault in an accident in september 2002. unfortunately I only had minimum coverage and the property damage was above the limit. Other driver had full coverage and also had uninsured motorist coverage. So he was taken care off by his insurance company. Now his insurance company wants payment for amount above policy limits and they sent me a claim letter dated October 20th.

Statute of limitations is 1 year in CA so do I have a case against the insurance company to not pay since they are asking for payment well over the year mark?? I would appreciate your input on this. thanks in advance.

My response:

You'd like to think so, but you're wrong. The Statute of Limitations for the insurance company to seek equitable indemnification/contribution from you (whole or partial reimbursement) begins on the date they paid any money to their insured; that is, in the case of money they paid for medical bills, lost wages and pain and suffering, it would be one year from the date they made payment to their insured. In the event of payment for property damage to their insured, it would be three years from the date they made payment to their insured.
[Ca Civ Pro § 340(3); Preferred Risk Mut. Ins. Co. v. Reiswig, supra, 21 Cal.4th at 213, 87 Cal.Rptr.2d at 190; Smith v. Parks Manor (1987) 197 Cal.App.3d 872, 882, 243 Cal.Rptr. 256, 261]

So, you're on the hook.

By the way, as of January 1, 2003, the Statute of Limitations for filing a lawsuit for a claim of Personal Injury (bodily injury) was increased from 1 year to 2 years in California - - but, for your September 2002 accident, this new limitations period doesn't apply. The Limitation period for Property Damages remains at 3 years from the date of damage.

IAAL

 

[stephenk]

just notify your insurance company of the claim against you. they will handle it.

 

[I AM ALWAYS LIABLE]

just notify your insurance company of the claim against you. they will handle it.

My response:

While Stephenk's response is accurate, and you are entitled to a defense against the indemnity action, in the final analysis, it won't do you any good as far as the bottom line is concerned - - and that is, you'll wind up paying for everything above your policy limits.

Now you know why "California Minimum" (15/30/5) is useless in California. Any Californian who is driving without liability coverage of at least $300,000.00 is begging to commit suicide.

I would heartily suggest that no one should ever drive in California, however, without at least a 1 Million in liability coverage.

California is an extremely litigious State.

IAAL

 

[knotcops]

Now you know why "California Minimum" (15/30/5) is useless in California. Any Californian who is driving without liability coverage of at least $300,000.00 is begging to commit suicide.

I would heartily suggest that no one should ever drive in California, however, without at least a 1 Million in liability coverage.

California is an extremely litigious State.

IAAL [/B][/QUOTE]

I would take IAAL's advice one step further and suggest that that everyone in every state carry the high limits.