California Car Accident Statute of Limitations [2024 Updated]

Following a car accident in California, there are certain deadlines that you have to meet. If you are considering taking legal action against the at-fault driver, it is important to fully understand the California car accident statute of limitations. By working with an Orange County car accident attorney who makes timely filings, you can ensure that you are able to use the courts to seek compensation for your injuries.

Understanding the Basics of Filing a Car Insurance Claim

Following a car accident, you will be responsible for taking certain steps. If there is serious vehicle damage or there are potentially injured drivers and passengers, call 911.

Collect contact information from other passengers and witnesses. Take photos of the damage and accident scene. If the owner of the damaged property can’t be found, leave a note with the involved parties’ contact information.

Notify your insurance company immediately. Report the accident to the DMV within 10 days if there are injuries or the damage exceeds $750. Otherwise, you risk a license suspension. Once you notify your insurance company, their representatives should contact you back quickly to gather information about the car collision. They may request a written or recorded statement.

Other drivers and witnesses may be contacted during the investigation. If you have an attorney, your personal injury lawyer may conduct their own investigation. For medical payments or uninsured motorist claims, you must provide documentation of your injuries, medical expenses, and lost wages.

California is an at-fault state for car collisions. The driver who causes an accident is responsible for paying for the damage they caused. This could be physical damage to a car or bodily damage to victims of the car crash.

How Long Do I Have to File a Claim?

In the event of a serious injury, the at-fault driver’s insurance may not provide enough coverage to fully compensate you for your damages. You may be surprised to learn how low California’s personal liability insurance coverage may be. Under state law, a driver is only required to carry insurance that pays up to $15,000 for bodily injury or death.

Considering how expensive medical bills could be after a serious car accident, many injured drivers and passengers turn to personal injury attorneys. They can aid them in pursuing compensation to make up the difference in what is truly needed to pay for lost wages, medical bills, and other financial hits following an accident.

A personal injury attorney can take direct legal action against the at-fault driver, but state laws require that any personal injury litigation begin no more than two years after the date of the accident.

There are few exceptions to the state’s statute of limitations. If you do not hire an attorney in time, you may not be able to rely on the courts to help remedy your financial losses. Making timely legal filings is an important step when seeking justice through the civil courts.

Although no case should be rushed, there are benefits to filing sooner than later. Important evidence may be harder to find once weeks or months pass. The memory of eyewitnesses may be less reliable, and even your recollection of the moments before the accident may begin to become foggier with time.

By acting quickly and seeking legal representation soon after a car accident, you can benefit from having a strong ally during the car insurance settlement negotiation process and any personal injury claim through the courts if one is needed.

FAQs

Q: How Long After a Car Accident Can You File a Claim in California?

A: You should contact your car insurance carrier as soon as possible following a car accident. Waiting too long could violate their business policy. If you decide to pursue legal action with the help of an attorney, you will have two years to make the first legal filings. Wait any longer, and you may not be eligible to use the courts to seek compensation from the at-fault driver.

Q: How Long Does an Accident Stay on Your Insurance in CA?

A: In California, an accident typically stays on your insurance record for three years. During this time, it can affect your insurance premiums. However, the exact duration may vary, depending on the insurance company’s policies and the specifics of the accident.

More serious offenses, like driving under the influence or reckless driving, may have long-term consequences for your automobile accident record.

Q: How Do I Know When to Accept a Settlement?

A: Your attorney is your ideal resource for understanding when to accept a settlement. Any settlement should fully cover past, present, and future expenses tied to the car accident. You should be compensated for medical bills, lost wages, and other forms of damages, like pain and suffering, depending on the facts of your case.

You are not obligated to accept a settlement that does not fully compensate you for your losses.

Q: How Soon Can I File a Claim With the Help of an Attorney?

A: There is no waiting period for filing a claim in California, but you also do not want to rush any claims filed in court. Your attorney needs to understand the circumstances that led to the accident and who the defendants are. Before filing a claim in court, your attorney may offer the at-fault party the opportunity to pay a settlement outside of court.

Q: What Is the Statute of Limitations for Bodily Injury Claims in California?

A: The statute of limitations for most personal injury claims, including vehicle accidents, is two years. There are few exceptions to this legal deadline. You can avoid missing important legal deadlines by hiring a personal injury attorney soon after your injury. A lawyer can review your case and take steps to file the necessary court documents on time.

Schedule Your Car Accident Consultation Today

Don’t let a missed deadline keep you from the compensation that you deserve. By working with an experienced personal injury law firm, you can count on your lawyer to make the necessary legal filings.

The attorneys of Corrales Law Group can work tirelessly to maximize your settlement so you can receive the medical treatments you need to fully recover from your injuries. To schedule your car accident consultation, contact our office today.