Too Trusting and Now I demand Justice

[faifu]

I live in California...

This friend hit my car about a year ago and just finally after badgering her to death, gave me her insurance about a month ago. She is telling people that she gave it to me now because she doesn\'t think the insurance will pay.

How the accident occured. My car was parked at the CSUF parking lot and she rear ended it. My car was stationary and I was not in the car. Please advise me on how long the statute of limitations are and if I am able to do anything about it. I trusted her fully and now I want justice.

 

[sylvesterfl]

So you are basically accusing her of a hit and run a year later and submitting a claim to her insurance for it? Hmm... I think that won't work. You waited WAY too long. Also, does your standard auto insurance cover that sort of thing? As far as court, I wouldn't bother either. You snooze you lose.

 

[dcatz]

OP – It would have been advisable to file a claim with your insurer, particularly when you couldn’t get hers, and both companies may have policies that present problems asserting a claim at this point (you’re a little vague about specific time periods), but try. However, the member is wrong about your own right to proceed civilly being time-barred:

Calif. Code of Civil Procedure Sect. 338: Within three years:

(c) An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property . . . .