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I am being sued for a car accident two years ago, but it is past the 2 year mark.

Arcadia, CA |

Can they sue me for both personal injury and property damage?

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Attorney answers 4

Posted

Turn it over to your insurance company to resolve. If they blew the statute of limitations, your insurance company will raise that defense.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

They can sue you but you have defenses that you can raise. if you had insurance at the time of the accident, then the insurance company will defend you. Insurance companies however have requirements of notice of accidents by their insured. i hope you notified your insurance company two years ago when the accident occurred.. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advise in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juarez, 510-206-4492. Abogado Hispano de Accidentes, Bancarrotas y Divorcios de Oakland, Hayward, San Francisco, y California. Esta respuesta es solo para informacion general y no forma una relacion de abogado y cliente. Soy licenciado solo en el Estado de California.

Posted

In California, the statute of limitations for personal injuries and property damage are not the same. For injuries, pain and suffering, loss of income, medical bills, and other bills or expenses as a result of an incident is two years. For property damage, like the cost of repairing your vehicle for example, is longer. I believe it is 3 years for property damage. It is at least three, not sure about 4. Point is it sounds like the statute is blown for everything but property damage, depending on how long ago it happened.

Nothing stated throughout any post (or related comments of any type) made by Mattthew Krupnick or his firm, KRUPNICK & KRUPNICK, APLC, is meant to be in any way construed or to be deemed to be legal advice for any person or any purpose. Also, NO attorney-client relationship or communications made through this site, unless made in private with the understanding that the attorney-client privilege would apply. The responses, comments, questions raised, or issues addressed herein are all being provided SOLELY for informational purposes and should under no circumstance be relied upon as or viewed as giving legal advice or counseling of any sort Should such a relationship be desired, client would have to contact attorney to discuss that and other issues in person, by phone, or at least in private. This cannot be relied upon without consulting with a knowledgeable attorney in your area and/or practicing in the field for which your question relates. We hope the information is helpful, but no attorney-client or other relationship is formed by the providing or reading of this information. Should there be ANY confusion about this important disclaimer, please addresss it BEFORE allowing attorney to respond to your question and before any follow-up questions, calls, or emails to said attorney.. Otherwise, it will be deemed to have been understood by all parties participating on this site.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Attorney Krupnick is correct. The property damage SOL is 3 years.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Thanks for clarifying the answer.

Asker

Posted

Thank you! The official date of filing the lawsuit would be under which area? Is it under (Endorsed) File?

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

LOOK AT THE DATE STAMPED BY THE COURT ON THE TOP RIGHT HAND SIDE.

Richard Andrew Harting

Richard Andrew Harting

Posted

The 2 year personal injury statute is protected so long as the lawsuit has been filed on or before the two anniversary. This is true even ifyou receive (served) with the lawsuit after the two years. Turn it over to your insurance carrier that you had on the date of accident ASAP.

Posted

The short answer is yes, so long as they claimant filed suit before the appropriate statute of limitations

Make sure you contact your auto insurance carrier you had at the time of the accident. They should be aware of any impending lawsuit.

The above is not intended to be legal advice, but rather analysis. The proffered advice is not intended to create an attorney-client relationship.

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