You're dealing with mounting medical bills, missing work, and still feeling the effects of your car accident from months ago. Then, you discover there's a legal deadline for filing your claim. There’s no time to lose. Your stress only escalates as you search for an attorney who can meet with you right away.
Time limits for car accident claims catch many California residents off guard, and missing these deadlines can be devastating. In California, you have two years from the accident date to file a personal injury lawsuit. However, this deadline has exceptions. Our car accident attorney in the San Francisco Bay Area explains what factors affect the car accident claim time limit.
How Long After a Car Crash Can You File a Claim? California's Time Limits.
The California statute of limitations sets specific deadlines for filing lawsuits. For personal injury cases like car accident lawsuits, you have two years from the date of the accident. If you're dealing with damage to your vehicle but no injuries, you have three years to file.
However, if a government agency is involved in the accident, the time limit shrinks dramatically. This exception might apply if you're in an accident with a city bus or a police car, for example.
Before filing a lawsuit, you must notify the government agency by filling out a standardized claim form. The law gives you six months after the accident to submit this form, but the deadline is extended to one year if it involves damage to your house or land.
If the agency responds within 45 days, you’ll have another six months in which to file a lawsuit with the courts. You’ll have up to two years if the agency fails to respond. Some of the rules regarding claims against public entities are outlined in California Government Code Sections 905 and 911.2.
Exceptions to the California Statute of Limitations for Filing a Car Accident Claim
Exceptions to California's statute of limitations are rare. The burden of proof falls entirely on you to demonstrate why your case deserves special treatment.
Here are the main exceptions that extend the California statute of limitations:
- Injured minors: The clock starts only when they turn 18.
- Injured people who lack mental capacity: The clock starts when they regain capacity.
- Injured people who are incarcerated: The clock is paused for up to two years.
- Defendants who leave California: Time pauses until their return.
It’s not a good idea to count on these exceptions. It's far better to act within the standard time frame than to try to convince a court that your case deserves an exception.
When Does the Countdown to File a Car Accident Lawsuit in California Start?
Generally, the statute of limitations begins running on the accident date. However, if someone dies later on due to their injuries, the clock starts on the date of their death. This exception gives families extra time to pursue wrongful death claims.
Another rule, the discovery rule, may apply in cases where injuries aren’t immediately apparent. This rule means that the time limit begins when you discover (or should discover) your injury instead of on the accident date.
Essential Steps to Take Before Filing Your Car Accident Claim
Before filing a car accident claim in California, you and your lawyer will gather evidence. Here are some documents that can help your case:
- Comprehensive medical records that detail all your injuries;
- All related medical bills and receipts;
- Detailed photographs of the accident scene and vehicles;
- Contact information for any witnesses;
- Police reports and accident documentation;
- Your insurance policy and correspondence with your insurance company;
- Records of lost wages and other financial impacts;
Bring any relevant documents you have to your initial consultation with us. Our car accident attorney can help you collect the rest.
Timing Your Car Accident Claim in California: Strategic Considerations
While it’s important to speak to our attorney well before the two-year statute of limitations expires, we don’t always file a claim right away. Sometimes, we advise clients to wait until they have a clear understanding of their medical condition and future treatment needs.
With this clarity, your personal injury lawyer can more accurately calculate the full extent of your losses and seek enough compensation to secure your future.
Acting promptly is still crucial, however. Evidence might disappear, witnesses' memories may fade, and you could miss critical deadlines. Working with an attorney early in the process helps ensure you're taking the right steps at the right time.
When Should You Consider Hiring a Car Accident Lawyer?
While you might be able to handle an insurance claim for a minor fender bender yourself, car accidents involving injuries warrant consultations with a personal injury lawyer. Here's why:
- Insurance companies often try to minimize payouts, even for legitimate claims.
- Your attorney can explain complex legal rules and deadlines.
- Your injuries might be more serious than they initially appear.
- Multiple parties might share liability.
- You need to focus on recovery while someone else handles the legal details.
In the following situations, a car accident attorney can be especially helpful:
- You've suffered significant injuries requiring ongoing medical treatment.
- The other driver disputes fault or lacks insurance.
- The accident involves multiple vehicles, commercial trucks, or government vehicles.
- You're getting pushback from an insurance company.
- Your injuries have affected your ability to work.
When you run into a setback, just bring your claim to us. We know how to help injured people; it’s what we do, day in and day out.
Protecting Your Rights After a Car Accident
The goal of the California statute of limitations is to ensure that lawsuits are filed while evidence is fresh and available. Once the statute of limitations expires, you typically lose your right to seek compensation. That's why it's important to be in touch with a personal injury attorney as soon as possible.
At Susan Kang Gordon, a Professional Law Corporation, we’ll evaluate your case, explain your rights, and keep on top of critical deadlines. Contact us to bring your concerns to our Bay Area car accident attorney — we’ll handle the rest.
Need Help with Your San Francisco Bay Area Car Accident Claim?
Don't let time run out on your right to compensation. Susan Kang Gordon, a Professional Law Corporation, will protect your rights while you focus on recovery.
