After a car crash, if you wait too long to file an injury claim, you could lose the right to recover damages. If you were recently injured in a crash, you are probably wondering how long you have to file a claim.
So, how long after a car accident can you claim an injury in California? You typically have two years from the date of the accident to file a personal injury lawsuit.
Two years may seem like a long time, but a strong car accident claim can’t be built overnight. If you need to file one, a Fresno car accident lawyer can guide you through the process and help you obtain a fair settlement.
How Long After Car Accidents Can You Claim Injury in California?
According to CCP § 335.1, you typically have two years from the date of a car accident to file a personal injury lawsuit in California. This deadline is known as the statute of limitations.
If you file your lawsuit after the deadline has passed, the court will likely dismiss your case, and you could lose your ability to recover compensation for your injuries.
It’s important to note that filing an insurance claim is not the same as filing a lawsuit. Insurance companies often have their own reporting requirements that may require you to notify them within days or weeks of the accident. In addition, even if you are negotiating with an insurance company, the state’s two-year deadline still applies.
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Are There Exceptions to California’s Statute of Limitations?
Yes. While most California personal injury lawsuits must be filed within two years, certain cases have different filing deadlines.
Your case may have a different deadline if it involves:
- Government entities: If your accident involved a city, county, state, or other government agency, you generally must file an administrative claim within six months of the accident before you can pursue a lawsuit.
- Delayed discovery of injuries: Some injuries are not immediately apparent after a crash. In limited circumstances, the statute of limitations for your claim may begin when you discover an injury (or reasonably should have discovered it) rather than on the date of the accident.
- Injured minors: If the injured person is under 18 years old, the clock generally does not begin until they turn 18.
- A party who leaves California: If the at-fault party leaves California before you can sue, the time they spend out of state doesn’t count towards the two-year limit.
- Mental or physical incapacity: If the person filing the claim has an incapacitating physical or mental impairment, the statute of limitations is typically tolled until they regain the ability to make legal decisions.
- Wrongful death: If a person dies from injuries caused by a car accident, the deadline for a wrongful death lawsuit is generally two years from the date of their death rather than the date of the accident.
What Happens if You Miss the Deadline?
In most cases, if you try to file a personal injury lawsuit after California’s statute of limitations has expired, you will forfeit the right to sue the at–fault party. The court will likely dismiss your case, and you will lose negotiating power with insurance companies, who will no longer have any incentive to offer a fair settlement.
As a result, you will likely end up having to pay for your own medical bills, vehicle damage, and other accident-related losses.
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How Long Do You Have to File an Insurance Claim?
Insurance companies usually require auto accidents to be reported promptly. Though deadlines can vary depending on your carrier and policy, you should try to report the accident as soon as possible.
Prompt reporting can help speed up the claims process, reduce disputes over liability, and allow your lawyer to gather crucial evidence. Be sure to avoid providing recorded statements or agreeing to a settlement until you consult an attorney.
When Should You Contact a Lawyer?
You should speak with a lawyer as soon as possible after a car accident in California. An attorney can handle conversations with the insurance company, explain your options, and gather evidence before it disappears.
It’s especially important to contact a lawyer if:
- You suffered serious injuries.
- The other driver disputes fault.
- You receive a low settlement offer.
- The insurance company delays or denies your claim.
- The accident involved a government vehicle.
- You are unsure about how much time you have to file a lawsuit.
Why Should You Start Building Your Claim Early?
Many people assume they can wait months or even years before pursuing compensation for a car accident. However, waiting to put together your personal injury claim can make it more difficult to build a strong case and recover the compensation you deserve.
Some of the benefits of starting the process early include:
- More evidence: Physical evidence such as skid marks, vehicle damage, and surveillance footage can disappear or become unavailable over time.
- More accurate witness statements: Witnesses are more likely to remember important details shortly after the accident than they are months or years later.
- Stronger medical documentation: Seeking treatment right after the crash helps establish a clear connection between the accident and your injuries.
- More time for settlement negotiations: Beginning the claims process early gives you more time to negotiate before the statute of limitations becomes a concern.
- Less stress: Beginning to build your case sooner rather than later can help you focus on your recovery instead of worrying about deadlines.
What Should You Do After a Car Accident in California?
Everything you do after a traffic accident can affect the strength of your claim for an injury after a car accident in California.
You should:
- Call law enforcement: A police report can provide valuable documentation of the accident.
- Take photographs: If you are able, capture the vehicle damage, road conditions, traffic signs, and any visible injuries.
- Collect witness information: Obtain names and contact information from anyone who saw the collision.
- Avoid discussing fault: Do not speculate about who caused the accident at the scene.
- Seek medical attention: Get evaluated promptly, even if your injuries seem minor.
- Notify your insurance company: Report the accident according to your policy’s requirements, but avoid discussing fault or giving recorded statements.
- Keep medical records: Save all bills, treatment records, prescriptions, and receipts related to the crash.
- Talk to a lawyer: Don’t accept a settlement until you speak to an attorney.
Get Help from a Car Accident Attorney
The statute of limitations for personal injury lawsuits can vary from case to case. If you need help filing a claim for an injury after a car accident in California, Fowler | Helsel | Vogt can guide you through the process and help you recover compensation as soon as possible.
Schedule a free consultation to find out how much time you have to pursue a claim.
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