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Statute of limitations
by Nick
Can the personal injury statute of limitations be tolled in California with a verbal settlement, or must the executed release be mailed to the insurance adjuster, or does it occurred when the adjuster receives executed the release?
Answer:
A statute of limitation can only be tolled by a court of law. Statutes of limitations are very serious and if you are attempting to settle, things must be on writing.
If you are pressed for time, then you have to meet the insurance adjuster (suggest that) or an insurance rep and exchange the release for the check.
Again, there is no tolling of an statute of limitation, it simply continues to run. The only thing that would satisfy it is a lawsuit or a settlement release (written in most circumstances).
Good Luck
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