UM claim pending: insurer must give unrepresented insured written notice of the statute of limitations at least 30 days before it expires
30 days before expiration date of the applicable statute of limitation, under Cal. Ins. Code 11580.2(k).
Rule text
any insurer whose insured has made a claim under his or her uninsured motorist coverage, and the claim is pending, shall, at least 30 days before the expiration of the applicable statute of limitation, notify its insured in writing of the statute of limitation applicable to the injury or death. Failure of the insurer to provide the written notice shall operate to toll any applicable statute of limitation or other time limitation for a period of 30 days from the date the written notice is actually given.
Calculate this deadline
Deadline
Wednesday, October 7, 2026
- Trigger (Expiration date of the applicable statute of limitation): Friday, November 6, 2026.
- Count back 30 calendar days: Wednesday, October 7, 2026.
Rules applied
Cal. Ins. Code 11580.2(k)
any insurer whose insured has made a claim under his or her uninsured motorist coverage, and the claim is pending, shall, at least 30 days before the expiration of the applicable statute of limitation, notify its insured in writing of the statute of limitation applicable to the injury or death. Failure of the insurer to provide the written notice shall operate to toll any applicable statute of limitation or other time limitation for a period of 30 days from the date the written notice is actually given.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Not required if the insurer has notice the insured is represented by an attorney. Compare 10 CCR 2695.7(f).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Expiration date of the applicable statute of limitation on Monday, March 15, 2027, personal service: due Thursday, February 11, 2027.
- Trigger (Expiration date of the applicable statute of limitation): Monday, March 15, 2027.
- Count back 30 calendar days: Saturday, February 13, 2027.
- That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Thursday, February 11, 2027 (see Cal. Code Civ. Proc. 12c).
Notes
Not required if the insurer has notice the insured is represented by an attorney. Compare 10 CCR 2695.7(f).
Related deadlines
- Fire/standard-form property policy: sworn proof of loss due within 60 days after the loss (unless extended in writing by insurer) (60 days after)
- Fire policy: mortgagee proof of loss within 60 days after notice of insured's failure to render proof (60 days after)
- Fire/property claim: insurer must provide claim-related documents within 15 calendar days after insured's request (15 days after)
- Property claim after covered loss: insurer must provide complete policy copy within 30 calendar days after request (30 days after)
- Fire/property policy appraisal: each side must select an appraiser and notify the other within 20 days of the written appraisal request (20 days after)
- Fire/property policy appraisal: if the appraisers fail for 15 days to agree on an umpire, either side may ask a judge to select one (15 days after)
- Fire/property policy: insurer must give notice of election to repair, rebuild or replace within 30 days after receipt of proof of loss (30 days after)
- Fire/property policy: loss payable 60 days after proof of loss received and loss ascertained (agreement or appraisal award filed) (60 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.