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.

Cal. Ins. Code 11580.2(k), official source

Calculate this deadline

Deadline
Wednesday, October 7, 2026
  1. Trigger (Expiration date of the applicable statute of limitation): Friday, November 6, 2026.
  2. 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.

  1. Trigger (Expiration date of the applicable statute of limitation): Monday, March 15, 2027.
  2. Count back 30 calendar days: Saturday, February 13, 2027.
  3. 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

All California pre-suit, housing and employment deadlines

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.