What are my options since insurance says it is now too late to file a claim?

You waited too long.

Statute of limitations is 3 years in most states. Think you are too too late.

Get an opinion from an experienced personal injury lawyer in California. Good luck.

If the statute of limitations had expired, there is nothing you can do. You do not say how long ago the accident was. You need to contact a California attorney and find out what the SOL is in California.

Your question is, frankly, kind of hard to follow. The MVA occurred in CA. So, the CA. limitation of action statute applies. For many, many years, CA. had a one (1) year statute. The legislature amended the law to make it a two (2) year statute about 5-6 years ago, or so. You're 36 now, and you say the MVA with ?within the last 10 years? SO you were an adult at the time of the MVA. Unless you were otherwise under some kind of a disability that might toll (stop) the running of the statute, your case had / has either a one or a two year statute of lims. The insurer for the other party is adverse to you / is not your insurer / has no duty of good faith to you, like if it was your own car insurer. That third party insurer is not obligated to you to make sure you don't let the statute run. It appears to me, unfortunately, that you let the statute run and that time bars your claims arising out of the subject MVA. DJ

Most states allow you a year and a day to file a claim. You may be out of luck on any recourse against the driver. If the injury was latent, and didn't show up til years later you might have an argument that the period to file should run from the date you knew or should have known you were injured.

There a four statue of limitations, you must file a claim within that time period.

You have no option as a result of the accident. The statute of limitation was 3 years.