Statute of Limitations for Accident Claim

[Legally Chal]

State = California

I filed a claim with the insurance company that insured a 16-year old kid that pulled his large car in front of me - causing me to crash into him as I was on my motorcycle. I suffered some neck injury, and an annoying pain has lingered since - despite minor surgery. I have been reluctant to settle with the insurance company because I've too busy, have never hired a lawyer before, and don't want to rush the additional recommended surgery (I can handle the annoyance of the pain for now - but don't want to find it growing worse with age, after settling the claim).

The insurance company has offered me $12k, but about half would go to my medical insurance company, as reimbursement for their expenses thus far - and $6k seems woefully inadequate to me.

But it's been nearly 2 years since the accident, and the letters from the insurance company warn me that an "action" for personal injury must be filed within 2 years of the accident, before the statute of limitations takes over.

What does this mean? What "action"? Must I hire a lawyer to create this "action"? What if I do nothing - does that meant that I have forfeited my right to collect payment for medical bills, etc.?

Any advice would be appreciated.What is the name of your state (only U.S. law)?

 

[latigo]

State = California . . . But it's been nearly 2 years since the accident, and the letters from the insurance company warn me that an "action" for personal injury must be filed within 2 years of the accident, before the statute of limitations takes over.

What does this mean? What "action"? Must I hire a lawyer to create this "action"? What if I do nothing - does that meant that I have forfeited my right to collect payment for medical bills, etc.?

What it means is that the lawsuit must be filed in the appropriate court not more than two years from the date of the accident. * And if not, you will, as you say, have, forfeited all claims of every nature arising out of the accident.

But you must consult with an attorney to see that the case is pleaded and filed correctly and that all persons potentially liable are joined as the defendants.