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If the insurer refuses a reasonable settlement offer within policy limits, it is playing a risky game. If, ultimately, ?the judgment exceeds the policy limits,? the insurance company is liable ?for the entire judgment,? including the amount in excess of policy limits.
Time sensitivity is crucial in personal injury lawsuits and an experienced attorney will understand this. Although the State of California will allow up to two years from the time of the accident to file a claim, it is important to begin the process as soon as possible.
A: California state law requires insurance carriers to settle claims within 85 days after the date of filing. Other deadlines come into play when contacting claimants and completing other steps in the auto insurance claim process.
Under California law, there is a two-year statute of limitations for lawsuits to be filed over injuries caused by a car accident. This applies whether you were the occupant of a car, a bicyclist, a pedestrian, or a motorcyclist.
Even if you have policy limits and another party involved in an accident pushes up against those policy limits, you need to understand that car insurance is not comprehensive protection against vehicle accidents. It does not block you from being sued for a car accident.
While two years is the general time limit to file car accident claims in California, some exceptions can shorten or extend the amount of time you must take legal action.