Time limit on auto insurance claim.
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Time limit on auto insurance claim.
I was involved in a vehicle accident three years ago. It was the fault of the other
driver. As my insurance at the time did not include collision, it was up to me to
pursue a claim with the other driver’s insurance. I filed a claim with them within
days of the accident. Time passed, the insurance company became insolvent,
the claim was picked up by CIGA, bla bla bla. Now the agent for CIGA is telling
me the time limit of 3 years has passed. I argue that the limitation is on the
FILING of the claim. She argues the limitation is for SETTLING the claim.
Asked on June 12, 2019 under Insurance Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The insurance agent is correct. If the case was not settled, you had to file a lawsuit within three years of the date of the accident against the at-fault party because there is a three year statute of limitations for filing a lawsuit in an auto accident case in CA where there is property damage.
Since the statute of limitations has expired, you have lost your rights forever in the matter.
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