Weekly Law Resume - July 15, 2010: Uninsured Motorist Claim - Statute of Limitations


An insured may file a claim for uninsured motorist damages with his carrier, but under Insurance Code Section 1158.2 he or she may not subsequently file a legal action against the carrier unless within 2 years he or she has (1) filed a lawsuit against the uninsured motorist, (2) has demanded UM arbitration with the carrier or (3) has settled the claim with the carrier. This case raised the question of whether a minor is excused with complying with acting within that two year period.

On September 10, 2004, 13 year old Dakota Blankenship was riding his bicycle on the wrong side of the road and was struck by a car when he turned into traffic. The car was owned by Edward McEnespy, and was driven by Jennifer Outcalt. Outcalt had no insurance, and McEnespy's carrier denied coverage. Four months later, Blankenship's stepfather, Michael Moore, made a claim on behalf of Dakota with his automobile insurer, Allstate Insurance Company. After reviewing Dakota's medical records and files, Allstate sent a letter on May 25, 2006 offering $10,000 to settle Dakota's claim. Allstate also advised that the statute would run on Dakota's claim on the second anniversary of the accident, September 10, 2006. Allstate also sent a second letter to Mr. Moore informing him that Dakota had two years from the date of the accident, September 10, 2004, to settle the claim, file suit or institute formal arbitration proceedings.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Low, Ball & Lynch | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.