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