Q: How can a thirdparty use torts to extend statue of limitations for auto claim in california ..is prop 30 an option.
2022 i was hit by a neg driver i live in california and san francidco is where the acciedent occured . The driver didnt report the accident police never took a statement from me .the adjuster isnt licensed in the state of california to adjust claims in california however she denied it and was working on it temotely from oaklaholma ? .. she isnt listed with CDI and misinformed me on some information about california insurance guidelines ..the reason for denial was no coverage on the date of loss ..then she said impermissive use of vehicle ..then she recinded the policy for misinformation .. never in writting ..only over the phone ..in california its manfatory that each vehicle that is opperating on open roads is coveted with liability indurance ..so no coverage on date of losd was unexceptable ..then the impermisive use of vehicle ..the police contacted the owner of the vehicle then released the vehicle back into the drivers possesion ..that is not impermissive if the owner allowed
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A:
In California, the statute of limitations for filing a personal injury claim after a car accident is typically two years. However, there are certain situations where this period can be extended, especially if you can prove that the insurance adjuster acted in bad faith or misled you regarding your rights. If the adjuster in your case was not licensed in California and provided incorrect information, that could be considered bad faith and might be grounds to extend the statute of limitations.
It is important to gather all documentation related to your claim, including records of any phone conversations, denials, and any communications about policy rescission. Misconduct by the insurance company, such as not properly notifying you in writing or providing inconsistent reasons for denial, could be used as evidence to challenge their decision and potentially extend your time to file a lawsuit.
Regarding Proposition 30, it primarily relates to income taxes and electric vehicle incentives, so it wouldn’t apply to your situation. You may want to explore options like contacting the California Department of Insurance for guidance, or consulting with an attorney to evaluate if you can pursue a claim under California’s Unfair Insurance Practices Act. Taking prompt action is crucial to protect your rights.
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