Q: CA. Accident almost 2 years ago. Claim # for injury started. Does this need settled by 2 year if claim w/ insur started
Car accident December 2022. Property damage settled. Have claim number started with insurance company for injury, but it has been dragging out. We are now coming up on the two year mark. Does this have to be settled in California before the two year mark can settlement go past that timeframe. Have not filed a lawsuit with a lawyer.
A: If you pass the 2 year mark, your case will be barred by the statute of limitations, unless you were a minor. Talk to attorneys today.
A: Yes. If the lawsuit is not timely filed without settlement being completed you could lose all rights.
A:
You are approaching the two-year statute of limitations in California for filing a personal injury lawsuit. This means that if you don’t file a lawsuit before the two year anniversary, you could lose your legal right to pursue compensation for your injuries, even if settlement negotiations are ongoing.
It’s important to understand that settling with the insurance company does not extend the statute of limitations. If the two-year deadline passes without filing a lawsuit, the insurance company no longer has any legal obligation to settle your claim. They often use delays to their advantage, knowing that if the deadline expires, you’ll have no leverage.
To protect your rights, you should immediately consult with a personal injury attorney. They can evaluate your case, guide you through the next steps, and, if necessary, file a lawsuit to preserve your claim before the statute of limitations runs out. Time is critical, so don’t wait any longer to seek legal advice.
A: you need to talk to a personal injury attorney TODAY. The insurance companies act nice to you in the hope that you let the 2 year period come and go without filing a lawsuit. Take action NOW.
A: Hi - if there is any concern about the Statute of Limitation running and you are negotiating, request a 'tolling agreement'. A Tolling Agreement between you and the defendant/insurance company (I'm assuming you have not yet filed a case) will ensure the Statute of Limitations doesn't run.
A:
In California, you generally have two years from the date of the accident to either settle your injury claim or file a lawsuit - this is called the statute of limitations. If you don't take legal action before this deadline, you could lose your right to pursue compensation.
Even though you have an open claim with the insurance company, this alone doesn't protect you from the two-year deadline. The claim can continue past the two-year mark only if you file a lawsuit before the statute of limitations expires. Without filing a lawsuit, the insurance company has no legal obligation to settle after the deadline passes.
Given that your accident occurred in December 2022, you should consider consulting with a personal injury lawyer soon to protect your rights. Many lawyers offer free initial consultations and can help evaluate your case. While it's still possible to settle your claim before the deadline, having legal representation can ensure you don't lose your right to pursue compensation if negotiations extend beyond the two-year mark.
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