UM claim, accident in another state or country with insolvent tortfeasor insurer: action may be maintained within 3 months of the insolvency
3 months after date the tortfeasor's insurer became insolvent, under Cal. Ins. Code 11580.2(j).
Rule text
any action authorized pursuant to this section may be maintained within three months of the insolvency of the tortfeasor's insurer, but in no event later than the pertinent period of limitation of the jurisdiction in which the accident occurred.
Calculate this deadline
Deadline
Monday, February 8, 2027
- Trigger (Date the tortfeasor's insurer became insolvent): Friday, November 6, 2026.
- Add 3 months: Saturday, February 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, February 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 350).
Rules applied
Cal. Ins. Code 11580.2(j)
any action authorized pursuant to this section may be maintained within three months of the insolvency of the tortfeasor's insurer, but in no event later than the pertinent period of limitation of the jurisdiction in which the accident occurred.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 350
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." CCP 350: "An action is commenced, within the meaning of this Title, when the complaint is filed."Official source
- Also capped by the accident jurisdiction's limitation period.
- 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
Date the tortfeasor's insurer became insolvent on Monday, March 15, 2027, personal service: due Tuesday, June 15, 2027.
- Trigger (Date the tortfeasor's insurer became insolvent): Monday, March 15, 2027.
- Add 3 months: Tuesday, June 15, 2027.
Notes
Also capped by the accident jurisdiction's limitation period.
Related deadlines
- Uninsured/underinsured motorist claim: within 2 years of accident must sue the UM driver, conclude agreement, or formally institute arbitration by certified mail (24 months after)
- UM insurer subrogation action against the liable party within 3 years after payment (36 months after)
- Bank deposits and collections (Com. Code Division 4): action within 3 years after accrual (36 months after)
- Equal Pay Act wage action: within 3 years after the last date the cause of action occurs (recovery up to 6 years of violation) (36 months after)
- Equal Pay Act retaliation action: within 1 year after the cause of action occurs (12 months 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.