Statute of Limitations for a Car Accident in California

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In California, in most cases, the statute of limitations for a car accident is generally two years. This deadline may apply if you were injured in an auto accident, and another party may be liable. 

California has a two-year deadline to sue someone for most accident and wrongful death cases in Long Beach. Based on this, if you lose a family member in a fatal auto accident, you may have two years to sue for damages. 

If you incur property damage in an auto accident, but you do not suffer injuries, you may have three years from the date of the incident to file a lawsuit against any responsible parties, according to California Code of Civil Procedure (CCP) § 338

There is a six-month window to file an administrative claim against a government entity for a personal injury or wrongful death, as defined by the California Government Claims Act.

If you file an administrative Long Beach auto accident claim involving a government vehicle or entity, and your claim is denied, you may have six months from the date of denial to file a lawsuit. 

When Does the Statute of Limitations for a Car Accident Lawsuit in California Begin?

The statute of limitations for a car accident lawsuit in California may begin on the day of the accident or when an injury occurs. Depending on your situation, you may have two or three years to take legal action. 

Sometimes, the statute of limitations is tolled for those who do not discover auto accident injuries immediately. For these individuals, the statute of limitations may open on the date of discovery. 

For a minor, the statute of limitations may be tolled until they turn 18. As such, if a minor is injured in an auto accident, in many cases, they may have until age 20 to file a claim or lawsuit. 

If an individual is legally deemed to lack the mental capacity to file a claim or lawsuit relating to a car accident, the statute of limitations may be paused until they are able to do so. 

When Should You File a Car Accident Lawsuit in California?

You may want to file a car accident lawsuit if you pursue compensation through an insurance claim that is ultimately unsuccessful or do not receive a fair settlement from a liable party or their insurer. 

You can start the insurance claims process immediately following your car accident. To do so, you can contact your car insurance company, which can then investigate the incident. 

If another party may be liable for your auto accident, their insurance company could offer to settle your claim. The business could offer a settlement, which you may accept to resolve your case. 

For those who do not receive an insurance settlement offer, or if an insurer disputes or denies their claim, they may be able to move forward with an auto accident lawsuit. 

Do You Need to File a Car Accident Lawsuit Within California’s Statute of Limitations?

You must file your car accident lawsuit within California’s statute of limitations, but some exceptions may apply, based on your specific circumstances. 

If you file your auto accident lawsuit in alignment with California’s statute of limitations, you may be able to recover compensation for your medical bills, car repair costs, lost wages, and other losses. 

Alternatively, if you miss the deadline for filing your car crash lawsuit, you may lose your right to seek compensation for your losses from anyone who may be at fault for your accident.