What is the time limit on filing an auto insurance claim?
Question Details: I was involved in a vehicle accident 3 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.
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.