How Long After a Car Accident Can You File a Claim?
Filing an insurance claim does not necessarily extend the deadline for filing a lawsuit. What If You Discover Your Injuries Later? Car accidents may cause some injuries that are not evident straight away.
Tony V. Davis Following a car crash, it is natural for you to have some time to heal from injuries, fix your car, and handle any insurance claims. However, if you delay pursuing legal action, you may jeopardize your right to claim compensation. This is why knowing the statutes of limitation in California is important.
California’s Deadline for Filing a Car Accident Claim
In California, the deadline depends on the type of claim you want to file.
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Personal injury claims: Under California Code of Civil Procedure § 335.1, you generally have two years from the date of injury to file a lawsuit for injuries caused by a car accident.
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Property damage claims: Under California Code of Civil Procedure § 338(c)(1), you generally have three years to file a lawsuit for damage to your vehicle or other personal property.
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Claims against government entities: If a government agency may be responsible, you generally must file an administrative claim within six months for injury or property damage. Different rules and exceptions may apply.
These deadlines are important even if you are still negotiating with an insurance company. Filing an insurance claim does not necessarily extend the deadline for filing a lawsuit.
What If You Discover Your Injuries Later?
Car accidents may cause some injuries that are not evident straight away. Delayed symptoms do not mean that you forfeit your chance to claim compensation. Nonetheless, the statute of limitations period depends on the particular situation. The statute of limitations for personal injury is discussed in California Courts' guidelines.
How a Car Accident Lawyer Can Help
One may consult an auto accident lawyer to identify applicable time frames for making claims, get medical and accident reports, deal with insurance companies, and claim compensation. Early action may ensure that valuable evidence is secured.
If you have questions about your legal options, Doyle & O’Donnell can help you understand the next steps after a collision. Contact the firm to discuss your situation with a car accident lawyer Sacramento residents can consult about their potential injury claims.
Final Thoughts
Do not assume you have all the time in the world following an accident. File a report, receive proper treatment, collect evidence, and make sure you are aware of your statutory period. Each case is unique; hence, you should speak with an attorney.
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