Time Limit for Filing Car Accident Claims in California
If you are hurt in a car accident in California, knowing how long you have to file a claim is important. Waiting too long can mean losing your chance to recover money for medical bills, lost paychecks, or pain and suffering through a Roseville accident claim.
The General Car Accident Statute of Limitations in California is 2 Years
If you’re involved in a car accident in California and it was caused by someone else’s negligence, you can usually file a personal injury claim or lawsuit against the responsible party and their insurance company. The deadline to file a lawsuit in the state is typically two years from the date of the accident.
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.
However, some circumstances can change this deadline, either shortening or extending it, and sometimes changing the filing rules. Below are some of the most common exceptions you may come up against:
The Discovery Rule
Normally, the statute of limitations starts when the injury happens or when the wrongful act occurs. The discovery rule is an exception. It applies when the harm was hidden or unknown for some time. Under this rule, the clock starts ticking when you first realize, or reasonably should have realized, you had a reason to file a claim. So if you couldn’t have known about your injury immediately, you should have extended time to file a lawsuit.
Suing a Government Entity
Special rules apply if your claim is against a government agency. You must file what’s called an administrative claim with the government office first. This needs to happen within six months of the date of the injury or damage.
(a) A claim relating to a cause of action for death or for injury to a person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action.
After you submit your claim, the government has 45 days to respond.
(a) The board shall act on a claim in the manner provided in Section 912.6, 912.7, or 912.8 within 45 days after the claim has been presented.
If your claim is denied during this period, you only have another six months to file your lawsuit in court. If the government does not respond to your claim, you have two years from the incident date to go to court.
Minors
If the person was under 18 when the accident happened, the statute of limitations is extended. It won’t start running until the injured party turns 18, which means they will have 2 years from then to file their lawsuit.
- (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.
To determine if these or any other exceptions apply to your case, you should reach out to a Roseville personal injury lawyer from Rosenthal Law as soon as possible so you don’t miss your chance to file a lawsuit if necessary. Contact us today to schedule a free consultation.