What is the relation-back doctrine in motor vehicle accident law?

California, United States of America


The following excerpt is from People v. Accredited Sur. & Cas. Co., G053552 (Cal. App. 2018):

by the doctrine is that "[a]n amended complaint relates back to the original complaint, and thus avoids the statute of limitations as a bar against named parties substituted for fictitious defendants, if it: (1) rests on the same general set of facts as the original complaint; and (2) refers to the same accident and same injuries as the original complaint." (Id. at p. 151.) The relation-back doctrine can also be applied when an amended complaint alleges additional causes of action against the same defendants, as long as they arise from the same facts alleged in the original complaint. (Dudley v. Department of Transportation (2001) 90 Cal.App.4th 255, 266.)

Other Questions


What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
How have courts treated allegations of motor vehicle theft in the context of a motor vehicle accident? (California, United States of America)
What is the appropriate penalty for a motorcyclist who was involved in a collision with another motor vehicle in a motor vehicle accident? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
Does a "driver" for purposes of Vehicle Code section 20002 include an owner of a vehicle involved in a accident when the owner is also a passenger in the vehicle at the time of the accident? (California, United States of America)
In what circumstances will a jury presume defendant was aware of the risk of a motor vehicle accident prior to the accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.