Time Limitations in California Car Accident Claims

If you get hurt in a California car accident, you have a limited amount of time to file a related personal injury claim. If you wait too long and miss your filing window, you will be unable to pursue financial compensation from the at-fault driver. Take prompt legal action to protect your rights.

What Is the Statute of Limitations in California?

Every state has its own statute of limitations, or law placing a time limit on the ability to file a car accident claim. In California, this law is Code of Civil Procedure § 335.1. It states:

• CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4]

• 335.1.  

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Under this law, a person has no more than two years from the date of a car crash to file a related legal claim. Property damage lawsuits, however, have three years.

Are There Exceptions?

While there are certain exceptions to the rule, the majority of car accident claims in California must be initiated within no more than two years. In the following special circumstances, however, individuals may have more or less time to file:

• Claim against the government: if the accused party or defendant in a car accident case is a government agency – such as after a crash involving a city bus or law enforcement officer – the victim has only six months to file a related injury claim and one year for a property damage claim under the California Tort Claims Act.

• Claim involving a minor: if a child under the age of 18 was injured in an automobile accident in California, he or she will have until age 20 (two years from the date the child turns 18) to file a personal injury claim.

• Claim with delayed injuries: not all car accident victims recognize their injuries right away. If the discovery of injuries is delayed, the clock on the statute of limitations is tolled (paused) until the date of reasonable discovery. Otherwise, the clock begins on the day of the car accident.

• Claim with incapacitation: if an individual lacks the mental capacity to file a car accident claim right away due to their injuries, the statute of limitations will be tolled until he or she recovers.

Other exceptions, such as a defendant who leaves the state of California or goes to prison, can also change the filing deadline on a car accident claim. It is important to discuss a potential case with a Los Angeles car accident attorney as soon as possible to avoid missing your deadline.

The Importance of Acting Quickly

The courts in California take statutes of limitations very seriously. With only a few rare exceptions, a claim that is filed late will be “time-barred,” meaning it will not be permitted to proceed. This is why it is critical to reach out to a skilled personal injury attorney in Los Angeles to take legal action as soon as possible after a serious car crash.

It is also in your best interest to act quickly for the preservation of evidence. As the injured party, you have the burden of proving your claim using evidence. The longer you wait to initiate your car accident case, the greater the odds will be of evidence getting lost or destroyed.Note that the statute of limitations only applies to car accident lawsuits, not insurance claims. A claim should be filed with an insurance company immediately after the crash occurs. The best time to file a car accident lawsuit in California is right away. Contact Rose, Klein & Marias, LLP as soon as possible to get started with a free case consultation.