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Do you need to file a claim with the other car insurance company w/in any time frame (1yr)? Are there consequences to waiting?

San Francisco, CA |

I had an accident last December '08 in the Bay Area. The other insurance company opened a claim for me but I have not engaged with them or filed anything as I am still undergoing minor treatment and undecided if I should get a lawyer.

Do I need to file anything officially or get a lawyer to file something for me within a certain time frame? Would I lose any rights if I waited too long?

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Attorney answers 5


The consequences of waiting too long to act will be the loss of your legal rights to collect and damages to which you may have been entitled to recover.

In a "plain vanilla" action for negligence, you have 2 years to file a complaint, or your claim will be tolled under that statute of limitations.

I would suggest that you consult with a personal injury attorney to ensure that you do not waive any of your rights. Most PI attorneys will given you a free initial consultation and most will work on a contingency basis.

Stanley Dale Radtke, Esq.
220 Montgomery Street, Suite 416
San Francisco, CA 94104


You have two years from the date of your accident to file a personal injury claim. You should not wait too long as it may be hard to find a lawyer at the last minute. The lawsuit must name all responsible parties as defendants. You do not file the lawsuit against the insurance company. Depending upon the type of injury and extent of your damages you may or may not need a lawyer. If you would like further information, please feel free to contact me.


You should contact a personal injury attorney at the very least for a consultation. Without additional information, it is impossible to determine what your best course of action is with the other party's insurance company. You may be entitled to far more than the insurance company initially offers you. If you would like a free telephone consultation, you may contact my office at (877)283-2959. Best of luck to you.


I suggest that you arrange a free consultation with a local personal injury attorney as soon as possible. Failure to file suit or settle your claim within the applicable statute of limitations will forever bar any potential claim you may have.

Do Not Delay in Seeking Counsel.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.


My law firm handles car accident cases all over the State of California. You can read about these types of on my website at .You should call me for a free consultation on your car accident case at 800-816-1529 x1. You may also email me directly at .

I look forward to discussing this case with you.


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