What Is the Statute of Limitations for a Car Accident in California?

What Is the Statute of Limitations for a Car Accident in California?

The statute of limitations sets a deadline to take legal action and seek compensation for your injuries and losses due to a car accident. It can range from just a few months to several years, depending on the state where a crash happened, the victim's age, and the party's identity at fault, among other factors.

Missing the statute of limitations for a California car accident claim can mean losing your right to compensation, so don't delay. Contact an experienced San Diego car accident lawyer today to find out the statute of limitations for your case and maximize your chances of securing payment for your losses from at-fault parties and insurance companies.

If you don't know about the car accident statute in California, we are here to help. The most confusing part is often concerning government vehicle accidents or when those accidents result in a wrongful death. A person's death makes accident claims far more serious than a personal injury claim.

Schedule a free case evaluation for your potential accident lawsuit today.

Even if your claim is against a government employee, we can help.

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Definition, Purpose, and Workings of the Statute of Limitations

The statute of limitations sets the maximum period a party must initiate a legal action in court. It is essentially the expiration date the law sets for a legal claim.

Evidence may become less reliable, and memories may fade, resulting in unjust outcomes. The statute of limitations encourages the timely resolution of claims, thereby upholding the integrity of the legal process.

The allowed time period typically starts on the date of the accident. This is when the claimant first has the right to file a lawsuit. The exception is the discovery rule, which we discuss in more detail below.

Once the clock starts on the statute of limitations period, it runs continually until it reaches the set time limit. The exceptions below are the only factors that may pause (or toll) this limit.

Missing the statute of limitations deadline for a car accident claim can have profound implications. The most significant consequence is that the injured party (the plaintiff) could lose their right to seek compensation from at-fault and other liable parties (the defendants). 

Once the statute of limitations expires, the courts typically have no jurisdiction to hear a lawsuit on that claim, regardless of its merits. A liability insurance company will usually refuse to settle a claim following the expiration of the statute of limitations period for a lawsuit against their policyholder (the defendant).

Factors Influencing the Statute of Limitations in Car Accident Claims

Understanding the statute of limitations goes beyond merely being aware of its definition and purpose. It also involves grasping significant variations in the deadlines the statute of limitations sets and the numerous factors that influence those differences.

State-to-State Variations

The standard statute of limitations period for personal injury claims, including car accidents, varies significantly from state to state. The time limit generally ranges from one to six years after the accident.

The general statute of limitations for car accidents in California, Arizona, Nevada, and Oregon, for example, is two years, but it is three years in Washington and New Mexico and four years in Utah.

Knowing the exact timeframe for your location is crucial to avoid missing the deadline for initiating a claim.

Identity of Involved Parties

The identities of the involved parties in a car accident can also impact the statute of limitations. When the plaintiff is a minor, for example, most states pause the statute of limitations period until the plaintiff reaches the age of majority, which is typically 18 years old. If a minor's parents or guardians elect to pursue a claim on their behalf, however, the statute of limitations runs from the date of the accident.

The time limit for filing a claim can be shorter if the defendant in a car accident claim is a government entity. Many states require plaintiffs to provide a formal notice of their claim to the relevant government body within a few months of the accident. The state then requires the plaintiff to file a claim within the standard limitations period.

Other Common Exceptions or Conditions

In addition to state-to-state variations and the identity of involved parties, other exceptions or conditions can influence the statute of limitations. The discovery rule, for example, may extend the statute of limitations.

This rule applies when the injured party could not have been aware, through reasonable diligence, of their injuries or the defendant's role in causing them. The statute of limitations clock might not run in those cases until the plaintiff discovers, or reasonably should have discovered these facts.

The statute of limitations in a car accident claim may get an extension if the defendant tries to avoid service of process by disguising their identity or fleeing the jurisdiction to a location where they cannot receive a court summons.

A plaintiff may have extra time to begin a lawsuit if the defendant engages in fraud or covers up their role in causing the car accident and the plaintiff's injuries.

Statute of Limitations vs. Statute of Repose

The statute of limitations interacts with the statute of repose, which is a separate time limit and applies in some jurisdictions and types of car accident cases. Whereas a statute of limitations sets a deadline for filing a car accident lawsuit, a statute of repose sets an absolute time limit on filing a suit, even for claims still within the statute of limitations period.

Not all states have a related statute of repose for car accident cases.

Role of a Lawyer in Car Accident Claims

Hiring a lawyer does much more than simply ensuring you meet the statute of limitations deadline. A competent and experienced car accident lawyer can handle every aspect of securing compensation from at-fault parties and insurance companies.

A lawyer will:

• Investigate your accident to identify the parties who owe you damages.
• Evaluate your losses to ensure you seek every penny you deserve.
• Handle all interactions with insurance companies on your behalf.
• Answer your questions and explain your options.
• Prepare and file claims seeking damages from liable parties.
• Negotiate settlements and advise you on whether to accept settlement offers.
• Represent you in court, including at a trial.
• Ensure you receive your compensation.

You may demand payment of damages for your car accident from the liability insurance companies, including compensation for your past and future medical expenses, lost income, property damage, physical pain, emotional suffering, and diminished quality of life.

Some car accident victims worry about the cost of hiring a lawyer, but you don't need to. In addition to offering free initial consultations, most car accident lawyers work on a contingent fee basis.

That means they don't charge upfront fees or hourly rates but receive a percentage of any settlement, judgment, or jury award they secure for you.

Contact an Experienced Car Accident Injury Lawyer Today

The statute of limitations applicable to your car accident case no matter how long it is leaves you no time to lose.

Contact an experienced car accident injury lawyer today for a free consultation to protect your right to maximum compensation.

Finding the right personal injury law firm in San Diego may seem daunting, but with a clear understanding and the right approach, it doesn't have to be.