If you’ve been involved in a motor vehicle accident (MVA) in California, it’s crucial to understand the statute of limitations for filing a claim. A statute of limitations is a law that sets a time limit on your right to file a lawsuit. Failing to act within this specified period can result in losing your ability to seek compensation for your injuries and damages.
Personal injury claims arising from motor vehicle accidents
In California, the standard statute of limitations for personal injury claims, including those arising from MVAs, is two years from the date of the accident. In other words, you must start legal proceedings within two years from the date of your injury or you risk losing your chance to sue.
However, there are some exceptions to this rule:
- If you’re filing a claim against a government agency, you must submit an administrative claim within six months after the accident before initiating a lawsuit.
- In cases where your injuries weren’t immediately after the incident, the “delayed discovery rule” may allow for an extension of the statute of limitations.
Property damage claims arising from motor vehicle accidents
For property damage claims related to MVAs, the statute of limitations in California is three years from the date of the accident. This includes damage to your vehicle and any other personal property. It’s important to file your property damage claim early to avoid missing the deadline.
Consequences of failing to file within the statute of limitations
Failing to submit your claim for personal injury or property damage within the relevant statute of limitations can result in giving up your ability to pursue compensation via the legal system. There are very rare exceptions to this rule, such as when the defendant’s actions prevent you from discovering your injuries or filing your claim on time.
The importance of seeking legal guidance
MVA claims can be complex, and understanding the applicable statutes of limitations is just one piece of the puzzle. An experienced personal injury attorney can help you navigate the legal process, protect your rights and work to secure the compensation you deserve.
If you’ve suffered injuries in a motor vehicle accident in California, it’s essential to act promptly and seek legal guidance to ensure you don’t miss the deadline to file your claim. Remembering the two-year statute of limitations for personal injury claims and the three-year statute for property damage claims can help you protect your right to seek the compensation you need to move forward after an accident.
