statute of limitation

#1 10-01-2003, 12:03 AM

What is the name of your state? CA

my mother was involved in a car accident in 2001, where a car side side-swipe her. according to the police report, both party did not suffer any personal injuries. later on, my mother's car insurance company found that she was *100% not at fault* and that damages will be collected from the other party (mr. chan). after back and forth proceedings, the other party started to allege that he suffered physical injury from the incident; after a few heated and lengthy debate betwen the insurance company and the alleged "injuried" party, the issue died off. however, in the past week, the insurance company called my mother informing her that mr. chan is sueing the insurance company for the accident that happened 2 years ago.

my questions are the followings: 1) what is the statue of limits that a injuried party can claim from an accident? from my basic knowledge of california laws, i believe it is 1 year, and 2 years after 2002. 2) my mom insurance policy was covered two ways (i forget the techinical term for this); because she bought a policy that hedges both ways, will she be held liable for anything? desipte not being 100% at fault for causing the accident. 3) if mr. chan sue my mom insurance company, and wins, will the company come after my mom for any financial loss 4) does my mom need legal representation on this matter? and how can she hedge herself in this circumstance?

thanks you for your time,

jon

stephenk · #2 10-01-2003, 12:08 AM

"my questions are the followings: 1) what is the statue of limits that a injuried party can claim from an accident? from my basic knowledge of california laws, i believe it is 1 year, and 2 years after 2002. 2) my mom insurance policy was covered two ways (i forget the techinical term for this); because she bought a policy that hedges both ways, will she be held liable for anything? desipte not being 100% at fault for causing the accident. 3) if mr. chan sue my mom insurance company, and wins, will the company come after my mom for any financial loss 4) does my mom need legal representation on this matter? and how can she hedge herself in this circumstance?"

1. One year for personal injury for accidents prior to January 1, 2003 and three years for property damage.

2. Depends on the amount of liability coverage she has on her policy and what type of injuries Mr. Chan is claiming.

3. Mr. Chan will sue your mother not the insurance company. If your mom is served with any legal papers she must immediately take them to her nearest insurance office or to her insurance agent.

4. Your mom will have attorneys hired for her defense by her insurance company. See #3.