When you experience a car accident, you can easily be overcome by fear, stress, and anxiety. Car accidents can be overwhelming, and taking legal action right away isn’t always possible. However, there is a time limit as to when you can file a lawsuit!! This blog will cover what the car accident statute of limitations in California is and the rationale behind it.
What is the Car Accident Statute of Limitations in California?
If you have been injured in a car accident in California, you have the right to make a claim for damages (physical and financial) against negligent drivers. The time limit for filing a lawsuit in this state is two years. As outlined in the California Code of Civil Procedure Section 340, the car accident statute of limitations is two years from the date of the accident.What’s the Rationale Behind the Two-Year Limit?
The rationale behind the two-year limit involves the preservation of relevant evidence. The determination of fault in accident cases depends on accurate physical evidence and the reliability of the witnesses’ memories. When more time passes by, the less reliable that information becomes. That’s why the state of California has set a two-year limit.
What If a Government Employee's Negligence Caused My Car Accident?
If you were injured in a car accident caused by the negligence of a government employee in California (such as getting rear-ended by a city vehicle), you will need to follow a special set of rules. You will have to yield notice of your claim within six months and give the government municipality a chance to respond to your allegations. If the Governmental entity denies the claim, a lawsuit must be filed within six months of the denial of the claim. Claims against government entities can be tricky as it can be difficult to identify what is a government entity and what’s not, like a city bus, SDGE truck, etc.Are There Any Exceptions to the Statute of Limitations?
There are various factors that can affect the statute of limitations. These exceptions include the following scenarios:- Damaged Property - If you are only seeking to repair damages to your vehicle or property, the statute of limitations is three years [California Code for Civil Procedure, section 338.]
- Wrongful Death - A lawsuit for the death of a person begins from the date the person died, even if the person passes away sometime after the accident.
- Injuries to Minors - If a child under the age of 18 gets injured in a car accident, the two-year period does not commence until the child is 18 years old. For example, if a 10-year-old gets injured, he could take legal action until he turns 20! A child of this age would have a 10-year limit.
- Defendants Unavailable - The statute of limitations can get extended if the person you intend to sue is in prison or deamed legally incapacitated.
- Lack of Mental Capabilities - The time frame can get extended if the victim suing is mentally incapacitated. For example, if the injuries sustained were grave enough to leave the victim unconscious or otherwise unable to act independently, the statute of limitations is tolled.