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Cal. Code of Civil Procedure Section 340.4: > > An action by or on behalf of a minor for personal injuries sustained > before or in the course of his or her birth must be commenced within six > years after the date of birth, and the time the minor is under any > disability mentioned in Section 352 shall not be excluded in computing the > time limited for the commencement of the action. Section 340.4 conflicts with Section 340.5. > In an action for injury or death against a health care provider based upon > such person?s alleged professional negligence, the time for the > commencement of action shall be three years after the date of injury or one > year after the plaintiff discovers, or through the use of reasonable > diligence should have discovered, the injury, whichever occurs first. In no > event shall the time for commencement of legal action exceed three years > unless tolled for any of the following: (1) upon proof of fraud, (2) intentional > concealment, or (3) the presence of a foreign body, which has no > therapeutic or diagnostic purpose or effect, in the person of the injured > person. Actions by a minor shall be commenced within three years from the > date of the alleged wrongful act except that actions by a minor under the > full age of six years shall be commenced within three years or prior to his > eighth birthday whichever provides a longer period. Such time limitation > shall be tolled for minors for any period during which parent or guardian > and defendant?s insurer or health care provider have committed fraud or > collusion in the failure to bring an action on behalf of the injured minor > for professional negligence. > For the purposes of this section: > (1) ?Health care provider? means any person licensed or certified pursuant > to Division 2 (commencing with Section 500) of the Business and Professions > Code, or licensed pursuant to the Osteopathic Initiative Act, or the > Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 > (commencing with Section 1440) of Division 2 of the Health and Safety Code; > and any clinic, health dispensary, or health facility, licensed pursuant to > Division 2 (commencing with Section 1200) of the Health and Safety Code. > ?Health care provider? includes the legal representatives of a health care > provider; > (2) ?Professional negligence? means a negligent act or omission to act by > a health care provider in the rendering of professional services, which act > or omission is the proximate cause of a personal injury or wrongful death, > provided that such services are within the scope of services for which the > provider is licensed and which are not within any restriction imposed by > the licensing agency or licensed hospital. Here is Section 352. > (a) If a person entitled to bring an action, mentioned in Chapter 3 > (commencing with Section 335) is, at the time the cause of action accrued > either under the age of majority or lacking the legal capacity to make > decisions, the time of the disability is not part of the time limited for > the commencement of the action. > (b) This section shall not apply to an action against a public entity or > public employee upon a cause of action for which a claim is required to be > presented in accordance with Chapter 1 (commencing with Section 900) or > Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing > with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government > Code. This subdivision shall not apply to any claim presented to a public > entity prior to January 1, 1971. I have not researched how the conflicts between Section 340.4 and Section 340.5 are to be resolved but I note that medical malpractice statutory law is fraught with iniquity some of it unconscionable. Your rights in another State are unknown, just as the State is, to me.

If your son did not cause the accident, I would file a claim for damages against the driver's insurance policy. You can get the driver's insurance information from the police report. I highly recommend you hire an attorney to help you with this case.

A work comp mediation is required before you can sue. Generally, one never wants to revoke the mediation. If you settled at the mediation, then you should be as good as your word.