The Statute Of Limitation For Car Accident Cases
You may get overwhelmed by fear, worry, or anxiety when you are involved in a car accident.
Car accidents are stressful, and immediately pursuing legal action isn’t always possible. However, rest assured that the law gives you the right to sue negligent drivers for financial and physical damages.
However, there is a time limit for filing such a lawsuit.
What Is This Statute?
A statute of limitation is state legislation that establishes a time restriction for going to court and filing a lawsuit for some injury or loss. The sort of case you want determines the exact timeframe.
Section 335.1 of the California code of civil procedure establishes a two-year deadline for filing “an action for…injury to, or death of, an individual caused by the wrongful act or neglect of another.”
When Does The “Clock” Begin To Tick?
It depends on whether the car collision resulted in harm or death.
Suppose anyone was hurt in the crash – whether a driver, passenger, motorcycle rider, biker, or pedestrian – they must bring a lawsuit within two years after the accident. However, if someone dies as a result of the accident and their family files a wrongful death lawsuit against the at-fault driver, the clock starts ticking from the date of the person’s death and not the date of the accident.
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If you wish to sue for car damage, Section 338 of the California code of civil procedure gives you three years to initiate a lawsuit against the at-fault driver.
What’s The Rationale Behind The Two-Year Limit?
In accident cases, determining culpability depends on objective physical evidence and the reliability of witnesses’ memories. The more time passes, the less trustworthy that information gets. Due to this reasoning, the state of California has imposed a two-year time limit. The rationale for the two-year limit is to preserve relevant evidence.
Are There Any Exceptions To The Statute Of Limitation?
The statute of limitations can be affected by several circumstances. Among these exceptions are the following scenarios:
Damaged Property – The statute of limitations is three years if you are merely trying to repair damage to your vehicle or property (Section 338, California code for civil procedure).
Wrongful Death – A lawsuit for a person’s death commences on the date the person died, even if the person died after the accident.
Minor Injuries – If a minor under 18 is wounded in a car accident, the two-year period does not begin until the child reaches the age of 18. For example, if a 10-year-old is wounded, he may sue until he is 20! A 10-year limit would apply to a child of this age.
Defendant Is Unavailable – If the person you intend to sue is in prison or has been declared legally incapable, the statute of limitations may be extended.
Lack of Mental Capabilities – The timeframe extends if the victim claiming is mentally disabled. For example, if the victim’s injuries were severe enough to render them unconscious or unable to act independently, the statute of limitations is tolled.
What Happens If Your Claim Has Passed The Two-Year Deadline?
If you file your case after the deadline, the court may dismiss the entire case. Unless your claim falls within a few limited exceptions that may allow the case to progress, you will most likely be denied compensation for injuries or property damage.
What If A Government Employee’s Negligence Caused The Accident?
If the negligence of a government employee in California causes the damage in an incident—say, a city bus rear-ended your car—any claim you bring will be subject to a different set of criteria. You must file your lawsuit within six months and allow the state or municipality to reply to the charges.