One of the most important considerations in any California personal injury case is understanding when the claim must be filed. In a recent case, an appellate court allowed a California motorcycle accident case to proceed to trial despite the defendant’s argument that the claim was filed after the relevant statute of limitations had expired.
The Facts of the Case
The plaintiff hired an accounting firm to manage her finances. As part of the agreement, the firm was to purchase insurance for the plaintiff and her family. The plaintiff asked the firm to obtain uninsured/underinsured insurance with a $5 million policy limit, but the firm obtained a policy with a limit of only $1.5 million.
The plaintiff’s son was later involved in a motorcycle accident, resulting in his sustaining serious injuries. The plaintiff only then found out that her insurance policy was limited to $1.5 million. After receiving the $1.5 million payout under her insurance policy, the plaintiff sued the accounting firm, alleging that she and her son suffered damages because they could not collect the additional money under the policy that she had requested.