If I received a demand letter, is it even valid even since the accident was 2 years ago?

UPDATED: Feb 7, 2017

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If I received a demand letter, is it even valid even since the accident was 2 years ago?

I was involved in a car accident about 2 years ago, and recently received a letter for demand of personal injury compensation. The accident was minor, so small that there was no dent. There was a small imprint of the screws of the license plate. Damage was less that $400. The insurance ended up denying the claim since I was not part of the policy on my friends car, that i was driving. Is the demand still valid since the accident was 2 years ago?

Asked on February 7, 2017 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is a two year statute of limitations for filing a lawsuit in a personal injury case in CA.  Therefore, the demand letter is still valid.  The two year statute of limitations tolls (expires) on the second annniversary of the date of the accident.
If the case is NOT settled as a result of the demand letter, then if the opposing party does not file a lawsuit against you prior to the expiration of the statute of limitations, he will have lost his rights in the matter forever.

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