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Allen M., Esq.
Allen M., Esq., Attorney
Category: Personal Injury Law
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Experience:  Lawyer with personal injury practice experience.
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I live in Yorba Linda California off the 91 fwy, exit Imperial

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I live in Yorba Linda California off the 91 fwy, exit Imperial highway, One day while sitting in the exit lane of Imperial Hwy, all traffic was stopped, and the person behind me too, another car behind him coming at a high speed crashes into all of us, she crashed into the car behind me at an angle propelling the car past me, and hit me also from behind. MY insurance compay pays my car off (mercedes 27k) but its a complete loss, I am without a vehicle, HER insurance company offers me 3k which I do not take, I just could't because I thought it was rediculous, my mom goes to back therapy for a month after the accident, we are forced to share one car for 2 years because of the bad economy I am unable to buy another. The wear and tear on the current car, because both os us are using it is significant, over 106k miles now, also a mercedes. What are my options? Will I lose the case because my insurace co paid the car off if I sue?
Submitted: 7 years ago.
Category: Personal Injury Law
Expert:  Allen M., Esq. replied 7 years ago.
A few things.<br /><br />Just because the inusrance paid off the car, that does not mean you'll necessarly lose. Your insurance company might have a "subrogation claim" against any award you receive related to the return for what they paid.<br /><br />I am, however, concerned about the statute of limitations. In California, you only have two years following a personal injury (mother's therapy) to make a claim. It can be extended until you discovery the injury, but it is likely that the day of the accident counts as discovery.<br /><br />Injury to personal property claims can be brought up to three years after, so you have time on that issue.<br /><br />Simply sue for injury to your personal property, making a full claim for damages. The fact that you had insurance is not admissible information anyway, so that won't matter to your reward.<br /><br />
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