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Legalinfomd, Attorney
Category: Business Law
Satisfied Customers: 160
Experience:  Attorney with 24 years of experience in business law.
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State farm autto ins wont pay me car stollen from me 3 years

Customer Question

State farm autto ins wont pay me for a car stollen from me 3 years ago..I am 76 and have been in the hospitial for 2 -1/2 years on and off... Now I realise there is a statute of limitations on a small claims court, claim.. I think I would like to charge
fraud/ dishonesty? and not fufilling the Ins contract. . They clain I didnt send them the correct documents.. I did and have Email proof of most of this..Obviously this is a claim they just decided not to honor, probably because of my age and poor health..Stall-stall
remail, classic stone wall..I also had Rental car ins and they wouldnt give me a car either..That was about $700.oo maxium My car,> Collector Trans Am, Very rare, Hi-perf model, W_S-6 options + 5 speed manual., it was a 1986 with only 110,000 miles on it,
and was perfect.. This car sells for about $5k then, and now a bit more, as it is a classic ( 25 years).... My daughter bought this car new, so its been in the family all this time.. <>My main question is:> Is there a extension of the time limititaion for
sickness? I believe I read there is a time exclution for: hospitial / rest-home- rehabiliion .. I really want to sue these assholes, maybe another court? thanks Jon
Submitted: 2 years ago.
Category: Business Law
Expert:  Legalinfomd replied 2 years ago.
I strongly urge you to file your complaint as soon as possible, and in no event beyond the third anniversary of the date on which your car was stolen. If you miss the date, you could be forever barred from pursuing your claim. Even if there is an exception to the statute of limitations, there is no guaranty that your circumstances will be found to satisfy the extension if you had the ability to engage an attorney to file your claim even though you were ill. It is possible that there is a shorter limitations period provided for in your contract of insurance. Your claim would be one for breach of contract for failing to cover your loss as provided for under the terms of the insurance contract. You should simply get the complaint filed as soon as possible so as to toll (stop) the running of any limitations period. You may always amend your complaint at a later date. I trust that this has served to answer your question. Best of luck getting the coverage you justly deserve.
Customer: replied 2 years ago.
My question was really, what statute ? or law, would grant me a medical extension>
As you know , attorneys are NOT alowed in small clains court, so I cannotunderstand your answer.. thanks Jon
Expert:  Legalinfomd replied 2 years ago.
Although this may not be the answer you were hoping for, I am not aware of an exception for illness or medical reason. As is stated in the California Code of Civil procedure:
West's Annotated California Codes
Code of Civil Procedure (Refs & Annos)
Part 2. Of Civil Actions (Refs & Annos)
Title 2. Of the Time of Commencing Civil Actions (Refs & Annos)
Chapter 1. The Time of Commencing Actions in General
West's Ann.Cal.C.C.P. § 312
§ 312. General limitations; special cases
Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute.
I hope that this has served to answer your question. When rating my response, please rember that my job is to give you accurate information, even if the law might not be in your favor.