The state of California sets strict procedural filing deadlines, known as statutes of limitations, for different legal claims. Most often, a two-year statute of limitations applies to car accident claims.
This gives you until the second anniversary of your car accident in California to pursue compensation from an insurance company or another liable party.
There are, however, circumstances that may either accelerate or extend the amount of time you have to file a car accident claim. It’s important to know the timeframe for your specific case. Once the filing deadline passes, you forfeit the right to take legal action and pursue monetary damages for your medical bills, lost wages, property damage, and harder-to-value suffering.
What Code Section Governs the Statute of Limitations For Car Accident Claims in California?
In California, the controlling statute of limitations for car accident claims is found in Section 335.1 of the Code of Civil Procedure.
Section 335.1 controls the timeframe for seeking compensation for damages “other than for the recovery of real property.” The statute simply states, “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.”
If you got into a car accident because someone was negligent or intended to cause bodily injury or death, section 335.1 will govern your personal injury claim.
When Might the Statute of Limitations For a California Car Accident Claim Be Different?
There are times when you might face a different timeframe for filing a personal injury claim after a car accident in the state of California.
A Child is Injured in a Crash
Adults aren’t the only ones who are involved in car accidents. In fact, an average of 429 children are injured in traffic accidents across the nation every day. Just like adults, children deserve to be compensated for their crash-related damages, too. However, children lack the capacity to bring legal claims on their own.
So, unless a parent or guardian files a car accident claim on an injured child’s behalf, the state of California permits the statute of limitations to be tolled, or put on hold, until the child’s 18th birthday. This effectively gives a child until their 20th birthday to file a car accident claim or lawsuit.
The Government is Alleged to Be Responsible For a Crash
California is usually immune to civil litigation. However, under the California Tort Claims Act (CTCA), a government actor or agency can be liable if its negligence causes an injury or death.
If the government agency responsible for road design, inspections, and maintenance knew (or should have known) about a hazard and did nothing to fix it, it can potentially be liable if there’s a car accident.
As a victim, you’d have the right to seek compensation from the government, but you’d be required to file a Government Tort Claim. These types of claims are subject to different rules, including different statutes of limitations.
You’ll have up to six months from the date of your car accident to file a claim with the government agency itself. The agency then has 45 days to respond. If the agency fails to respond or rejects your claim, you’ll have two years to file a civil lawsuit with the appropriate jurisdiction.
An Auto Defect Contributes to Your Car Accident
Many car accidents are caused by defective vehicle components like airbags, brakes, and electrical systems. In California, vehicle manufacturers can be strictly liable when a defect causes an auto accident.
If you file a product liability claim after a car accident in California, the statute of limitations can potentially be extended beyond the second anniversary of your crash. However, this is only the case if you’re not immediately aware that a vehicle defect caused your car accident.
California law states that the two-year statute of limitations for product liability claims begins to run on the date you discover a defect that caused an injury.
The Defendant is Unavailable or the Plaintiff is Incapacitated
The statute of limitations can be tolled if the defendant leaves the state, is facing criminal charges for a related crime, or is otherwise unable to be served with a summons. The statute of limitations will remain paused until the tolling factor is no longer an issue.
Just like a child lacks the capacity to file a personal injury lawsuit after a car accident in California, so, too, might other parties. The statute of limitations can be tolled if the plaintiff is unconscious or otherwise lacks the ability to take legal action on their own. If the plaintiff’s incapacity will not be cured, a guardian may be appointed by the state to pursue compensation on their behalf.
A Car Accident is Fatal
In California, a two-year statute of limitations still applies when a car accident is fatal. However, for matters of wrongful death, the statute of limitations doesn’t begin to run until a decedent’s death, which might not necessarily be the same date as the accident in which they sustained their fatal wounds.
When Should I File a Car Accident Lawsuit in California?
Don’t wait until the statute of limitations is about to expire to initiate a legal claim for damages. Not only do you risk missing the filing deadline, but you also allow valuable time to pass by that could limit your ability to recover compensation.
The sooner you take action, the better the odds of a maximum financial recovery. So, it can be important to at least investigate your options and discuss your right to file a car accident claim as soon as you can after you’ve been involved in a wreck.
You don’t have to figure out your rights or the claims process on your own. In fact, you’re better off asking for help. Research clearly shows you’ll be more likely to win your case and get better results when you hire a San Diego car accident attorney to represent you.
Crash victims in California choose Singleton Schreiber because we’re award-winning civil litigators with a billion-dollar track record of success. We’re passionate and fearless advocates for our clients, instrumental in winning more than $3 billion in financial settlements and jury awards from insurance companies, vehicle manufacturers, government agencies, and other powerful parties.
There’s a limited time to file a car accident claim, so don’t hesitate to call one of our California law offices to arrange a free consultation with our team today.