How Long Do I Have to File a Car Accident Claim in California?

In California, you have a limited window of two years from the accident date to file a car accident claim. This limit applies to nearly all car accident cases and personal injury claims. This limit pushes people with claims to take action as soon as possible.

Failing to meet this deadline can result in forfeiting your opportunity to seek damages for injuries and property loss. You may end up getting nothing for your accident if this happens! Here’s what you need to know about the deadlines for filing personal injury claims from our Los Angeles car accident lawyers.

Understanding California’s Statute of Limitations

This deadline is called the statute of limitations. Missing it can bar you from seeking compensation. The courts strictly enforce this timeframe under the Sixth Amendment to the Constitution, which gives people in this country the right to a speedy trial.

The two-year statute of limitations may seem like a lot of time, but it can fly by rapidly, especially when you’re dealing with injuries, medical bills, and property damage. This timeframe can be overwhelming, but it’s crucial to prioritize your claim to ensure you receive the compensation you deserve.

By acting quickly, we can help you take control of your accident timeline and get your life back on track. Our team recognizes the significance of timely action and will guide you through the claims process to get your case before the insurers and the courts as soon as possible.

Exceptions to the Two-Year Rule

Certain exceptions can either shorten or lengthen this timeframe. Minors and incapacitated individuals are granted more time to file a claim. If you were a minor (under 18) or incapacitated at the time of the accident, the clock doesn’t start ticking until you turn 18 or regain capacity. This exception ensures that vulnerable individuals are not penalized for their circumstances.

There are additional exceptions to the two-year rule, including:

• Government claims: If you’re filing a claim against a government entity, you typically have only six months to file a claim.
  
• Special circumstances: In cases where the liable party is unknown or flees the scene or the state, you may have more time to file a claim. Understanding these exceptions is vital to navigating the complex process of filing a car accident claim in California.

What Happens If You Miss the Deadline?

Missing the deadline to file a car accident claim in California can have severe consequences. You will lose your right to seek compensation for your injuries in court, leaving you to foot the bill for medical expenses, property damage, and lost wages. 

If you try to file a case after the statute of limitations has expired, all the opposing side has to do is prove that you filed your case after the deadline. The courts will be forced to dismiss your case because you took too long to bring it forward.

If you cannot file a lawsuit, you may be forced to accept a lowball offer from the insurance company or abandon your claim altogether. Missing the deadline means you cannot hold the responsible party accountable, and you must suffer the financial impact of covering all of your damages on your own.

File a Car Accident Claim in California as Soon as Possible

While the two-year deadline is the maximum legal deadline, you actually have less time to start your car accident claim. Evidence preservation is a critical aspect of building a strong case. The sooner you file, the better your chances of gathering vital evidence, such as witness statements, police reports, and medical records, to support your claim.

Furthermore, insurers will sometimes deny claims if too much time passes between when the accident happens and when you present your claim. Starting your claim months after the accident but before the statute of limitations runs out will make your case much harder to win.

Your best chances of success happen when you engage with a car accident lawyer as soon as possible after your accident. They can take action to preserve evidence that could help your case before it disappears and can start working with the insurers early to come to a fair settlement.

Contact a Car Accident Lawyer in California Today

You’ve just learned the importance of timely action after a car accident in California. Don’t let the two-year statute of limitations slip away, as it can mean forfeiting your right to compensation. If you’ve been injured, prioritize your health and seek legal guidance to guarantee you receive the justice you are entitled to. 

Remember, time is of the essence, and acting promptly can make all the difference in your case. Our priority is to help you receive the compensation you deserve for your injuries and losses. Contact J&Y Law for a free consultation to discuss your car accident case.