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Statute of Limitations Automobile Liability

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pnewman1

Junior Member
What is the name of your state?What is the name of your state? California

My wife was involved in an auto accident caused by a drunk driver who was subsequently convicted.

We settled with the other drivers insurance company for the policy limits, which is the minimum coverage allowed by the State of California.

We then filed a claim against our insurance company under the uninsured, underinsured provisions of our policy.

After an exchange of a few letters we were informed that the statute of limitations had expired.

Our understanding of the statute is that the two year period does not begin until after settlement with the other insurance company. Is this correct? If so would you please site the California Codes that apply to this situation?

Thank you.
 


pnewman1 said:
What is the name of your state?What is the name of your state? California

My wife was involved in an auto accident caused by a drunk driver who was subsequently convicted.

We settled with the other drivers insurance company for the policy limits, which is the minimum coverage allowed by the State of California.

We then filed a claim against our insurance company under the uninsured, underinsured provisions of our policy.

After an exchange of a few letters we were informed that the statute of limitations had expired.

Our understanding of the statute is that the two year period does not begin until after settlement with the other insurance company. Is this correct? If so would you please site the California Codes that apply to this situation?

Thank you.
California Insurance Code Section 11580.2(i)

(i) (1) No cause of action shall accrue to the insured under any
policy or endorsement provision issued pursuant to this section
unless one of the following actions have been taken within two years
from the date of the accident:

(A) Suit for bodily injury has been filed against the uninsured
motorist, in a court of competent jurisdiction.

(B) Agreement as to the amount due under the policy has been
concluded.

(C) The insured has formally instituted arbitration proceedings by
notifying the insurer in writing sent by certified mail, return
receipt requested. Notice shall be sent to the insurer or to the
agent for process designated by the insurer filed with the
department.

(2) Any arbitration instituted pursuant to this section shall be
concluded either:

(A) Within five years from the institution of the arbitration
proceeding.

(B) If the insured has a workers' compensation claim arising from
the same accident, within three years of the date the claim is
concluded, or within the five-year period set forth in subparagraph
(A), whichever occurs later.

(3) The doctrines of estoppel, waiver, impossibility,
impracticality, and futility apply to excuse a party's noncompliance
with the statutory timeframe, as determined by the court.

(4) Parties to the insurance contract may stipulate in writing to
extending the time to conclude arbitration.
 

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