Understanding the California Auto Accident Statute of Limitations

The Law Offices of James L. Arrasmith

What is the Statute of Limitations for a Car Accident in California?

The car accident statute of limitations for a car accident claim in California is two years from the date of the injury.

This deadline applies to most car accident claims, but some exceptions can either shorten or extend this deadline.

The two-year statute of limitations is outlined in California law, specifically in CHAPTER 3 of the California Code of Civil Procedure.

Understanding the car accident statute is crucial when pursuing a legal claim for a car accident.

Missing this deadline could mean losing your right to seek compensation.

When Does the Statute of Limitations Begin?

In most cases, the statute of limitations “clock” for car accidents starts running on the date of the wreck.

The time limit can vary based on the facts of the case.

The statute of limitations begins on the date of the accident occurred, unless an exception applies. Property damage can also affect the timing of filing claims, as addressing any property damage in relation to filing deadlines is crucial.

It’s essential to understand when the statute of limitations begins to ensure you don’t miss the deadline.

Exceptions to the Statute of Limitations

  • Claims Against a Government Entity: The deadline for lawsuits against government entities is 6 months from the date of the accident.
  • Injured Minors: The countdown for injured minors to file a lawsuit does not begin until they reach legal adulthood (18 years old).
  • Lack of Mental Capacity: The statute of limitations can be tolled (paused) until the injured party is restored to legal mental capacity.
  • Discovery Rule: The deadline can be extended if symptoms of an injury or damage are not immediately apparent and only become apparent later.

The Discovery Rule and Its Impact

  • The discovery rule allows victims to bring in additional defendants once the statute has been protected, even if symptoms of an injury do not appear immediately after a car accident.
  • For example, the discovery rule could apply to a California car accident case if delayed-onset injuries occur, such as traumatic brain injuries or internal bleeding.
  • The discovery rule can significantly impact the statute of limitations, so it’s crucial to understand how it applies to your case.
  • A car accident lawyer can help you navigate the discovery rule and its impact on your case.

Filing a Claim

If you wait to file legal claims after the applicable statute of limitations expires, the defendant in your lawsuit can ask the judge to dismiss your case.

It’s critical to act quickly if you believe you have grounds for a California car accident claim, as the statute of limitations is important to remember even if you plan to settle your claim out of court.

Filing a claim promptly can help preserve physical evidence and increase the chances of a successful claim.

A car accident lawyer can help you file a claim and ensure you meet the necessary deadlines.

Wrongful Death Claims

  • When a car accident is fatal, California allows family members to hold the responsible driver accountable for their negligence through a wrongful death claim.
  • The statute of limitations for wrongful death claims is generally two years from the date of the victim’s death.
  • Wrongful death claims against the government are subject to the same six-month notification requirement as personal injury claims.
  • A car accident lawyer can help you navigate the complexities of a wrongful death claim.

Impact of Statute on Insurance Claims

The statute of limitations for car accident claims in California can significantly impact insurance claims. Insurance companies often have their own deadlines for filing claims, which may be shorter than the statute of limitations. If you fail to file a claim with the insurance company within their deadline, you may be barred from recovering compensation, even if you file a lawsuit within the statute of limitations. It is essential to review your insurance policy and understand the deadlines for filing claims. Additionally, it is crucial to consult with a car accident lawyer who can help you navigate the complexities of insurance claims and ensure that you comply with all deadlines.

Role of Evidence in Statute of Limitations

The role of evidence in the statute of limitations for car accident claims is crucial. The statute of limitations is designed to ensure that evidence is preserved and that claims are brought in a timely manner. If you wait too long to file a claim, evidence may be lost, destroyed, or become less reliable. This can make it more challenging to prove your case and recover compensation.

Physical evidence, such as damage to vehicles or property, can be particularly important in car accident cases. It is essential to preserve this evidence and to document the accident scene, including taking photographs and collecting witness statements. A car accident lawyer can help you gather and preserve evidence to support your claim.

Comparative Negligence and Its Effect on Claims

Comparative negligence is a doctrine that can affect car accident claims in California. Under comparative negligence, the court will reduce the amount of damages awarded to a plaintiff if they are found to be partially responsible for the accident. The statute of limitations can impact comparative negligence claims, as the court may consider the plaintiff’s delay in filing a claim as evidence of their negligence.

It is essential to consult with a car accident lawyer who can help you understand the impact of comparative negligence on your claim and ensure that you comply with the statute of limitations.

Consequences of Missing the Deadline

  • Missing the deadline outlined in the statute of limitations can have significant consequences for your legal claim.
  • In California, if you fail to file your car accident lawsuit within the two years, you generally forfeit your right to seek legal recourse for your injuries or damages.
  • The court will likely dismiss your case, even if you have a valid claim and substantial evidence.
  • You will be unable to recover any compensation for medical expenses, lost wages, pain and suffering, or other damages resulting from the accident.

Seeking Professional Help

Dealing with a car accident claim on your own can be overwhelming, especially when it comes to adhering to legal deadlines such as the statute of limitations. Consulting a personal injury lawyer can assist you in managing all aspects of your claim professionally and ensuring compliance with legal deadlines.

This will give you peace of mind and a better chance at a successful outcome.

Partnering with an attorney can help you navigate the complexities of your case and ensure that your rights are protected.

Next Steps

  • If you’ve been involved in a car accident and need guidance on how to proceed, consult with a knowledgeable attorney.
  • A car accident lawyer can help you understand the statute of limitations and its impact on your case.
  • Contact a car accident lawyer for a free consultation to discuss your options and determine the best course of action for your case.
  • Don’t wait until it’s too late – seek professional help today to ensure you receive the compensation you deserve.

Client Reviews

James Arrasmith is one smart attorney! He understood my problem and came up with a great solution right away. I can depend on him to listen and ask the right questions to get straight to my issues. His availability is...

Alan Murphy

Hiring James to handle my eviction / landlord tenant case is one of the best decisions I’ve ever made. He assisted me every step of the way and made the process smooth and easy. It was obvious that he truly cared about...

Monica Martínez alvarado

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

DD M

Great consultation, efficient, attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process. Mr...

Nadia Faraci

James is an amazing attorney!! I had never hired a lawyer before (and was very nervous), but James took hours of his time to explain the entire procedure to me. He gave me a thorough consultation, and I was so impressed...

Ledi

James was the only person to answer the phone at 7am on a Saturday morning. My first phone call to him was as a scared and stressed woman with no idea on where to even begin to explain the sort of help I needed. James...

Renae Elise

James helped me with two landlord tenant issues. In both cases, I was able to expeditiously resolve my issue with the tenant. I appreciate his genuine care for his clients; a rare trait in an attorney. I would highly...

theresa26 r

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave...

Tricia Matsis

James Arrasmith did a great job for me on my legal matter. From the first time I talked to him he was very professional and knew what he was talking about. I would recommend James Arrasmith to anyone who needs help with...

Alvin Warren

I can't express enough how much James put my heart at ease. He has really been dugiligant at getting things done vs what I have experienced before using other lawyers. Highly recommend James if your looking for trust...

Jeremy Rasmussen Finnif Skate

James Arrasmith is a fantastic attorney. He is respectful and knowledgeable! Always very responsive and really takes his time explaining everything so you can understand it. I would highly recommend you meet with James...

Andrew Noseworthy

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James Pearson

Highly recommend choosing James. He was extremely responsive always making sure I understood every step of the process. In addition, he would periodically check in with me before important decisions needed to be made.

Tulsi

He is experts and reasonable attorney.

Ahmad Ali Shinwary

Best attorney I ever worked with... he takes time to explain the whole process and and will make sure you are happy with his work. We did a living trust and he helped me with an eviction case. I highly recommend him!

Alina Cojocari

James is an excellent attorney. I recommend him to anyone who's looking for someone who cares and wants to help win their case! :)

Allen Esealuka

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber Styles

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave her...

Tricia

James is a professional with outstanding customer service. We hired him to take care of an issue for us and he delivered as promised. I highly recommend him if you have any ongoing legal issues. James it's absolute...

Aztec Gold99

He will go out of his way . The best lawyer in Sacramento!I don’t know what I would do without lawyer james.

Bryan

Very professional, understanding and willing to assist in any way he can. I am most definitely keeping James as my one stop shop lawyer.

Brad Naylor

I am so happy I found Mr. Arrasmith's law firm! I couldn't have been happier with my decision to hire James. He took my case from point A to point Z and kept me informed every step of the way. If I ever need an attorney...

Bryce Colburn

James is a wonderful addition to the legal community. He is hard working, bright and ethical. He goes the extra mile for his clients.

Caitlin Ross

He was a great attorney.

Devon Campbell

I contacted Mr. Arrasmith regarding a disability related inquiry for a family member. Mr. Arrasmith provided excellent and immediate responses to my questions. I felt as though he truly cared about the well being of my...

Anonymous

Great consultation, efficient, & positive attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process...

Nadia

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber

James is a great guy. He has helped me to start a very difficult case. That I was nervous to do. He has made me Confident that he will fight hard on my case.

Rachel

I am so happy I made a decision to hire James to help me with my case. He was very professional and assisted me every step of the way. I was able to get a very positive settlement on my case. I couldn’t be happier!

Ledi

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patty

James did a great job helping us with getting our settlement. Followed up in timely manners and updates always provided. Thank you for your help!

Anonymous

Gave James smith a call late at night with an immediate answer, he is very quick to respond and was eager to answer any questions I had.

Erika

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

Darren

James is a great lawyer! He is honest and very trustworthy. He will give you sound legal advice.

Jason Motto

Great service and customer service. Very professional too, thanks James and Maria!! Having a bilingual attorney who knows so many different aspects of the law is a BIG plus.

JC R

I found James online after an extensive search. He was knowledgeable and worked with me on a payment plan I could afford. I'm happy I picked him for dealing with my awful landlord. He helped me get the settlement I...

Jenn C

Lawyer James Arrasmith For me He very was very approachable and likeable as a person . I felt very comfortable with the knowledge, and information shared for our case. which we got desired result from. He to me is a...

John Davis

James is a wonderful lawyer and person! He is hardworking , ethical, quick and effective lawyer! He knows what he is doing.

Ka Saelee

James Arrasmith always does amazing job helping me with my landlord and tenant cases!! He is my go-to attorney when I need assistance in evicting tenants. I like how he also represents tenants as well as landlords - so...

Kerry Davis

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen Trexler

Best lawyer he will get the job done went out of his way totally

Larry Yabut

Mr. Arrasmith and his team are amazing. Mr. Arrasmith is very knowledgeable and has been amazing through our whole process. He treats people like a human being and not a paycheck, I would highly recommend him to...

Magan Mellinger

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen

I would highly recommend James. I did lots of research searching for a great Attorney in the area. He makes you feel hopeful during a difficult times. His knowledge and expertise was great!

Maria Guardado

I had a personal issue and needed to consult with a lawyer. James Arrasmith took his time to explain everything so that I could understand exactly what my options were and the best way to go about my next move. I would...

Mark Hodges

A Very Nice, Personable Attorney/Person!! He is Very Patient and Willing to Listen to My {Tour} Case/Problems>I would Highly Recommend James to Anyone Seeking Fair and Equitable Justice!! Mark, CA.

Mark Loeffler

Thank you Mr James for helping me. What a great attorney! If you need help call Mr Arrowsmith!

Marva Davis

I give James Arrowsmith Attorney at Law 5 stars not just because he supports and represents CAED (our Non- Profit Organization that works with children ) but also because of how decent a person I've found him ...

Marvell Wilson

I was sooooo nervous about my case until I called James. He literally made the entire process simple and easy for me. I cannot recommend him highly enough! He is the most amazing attorney I’ve ever had!

Peyton

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patsa Hin-udom

I am Latina and my English is not very good, therefore the attorney made sure that there was an assistant who spoke Spanish and who translated everything he told me and answered all my questions. Excellent service, I...

Paula Barriga

James is fantastic! He answered all of my questions and gave me clear guidance. If you are looking for an experienced and knowledgable attorney, I highly recommend James. Amazing Lawyer!

peyton cooks

James has a very good heart. He takes his cases personally as if it was him. He is a very nice understanding guy

Rachel Ottley

James is very knowledgeable, professional, and dependable. He patiently guided me through my estate planning and pre-nuptial questions, and made both processes much easier for me to understand. Highly recommended.

Sanat Sahasrabudhe

James arasmith is an excellent attorney when I needed help or advice he was always there to answer my calls or emails a very kind person listens & cares.

Tariq Johnson

Thank you so much for being highly responsive. Making I understand every step of the process. As well as checking in with me before important decisions need to be made.

Tulsi Patel

Very friendly, personable, and professional. I was able to get through my legal issue relatively smoothly and had exceptional support through the entire process. Pricing was reasonable and the billing process was not...

V Cat

I had some legal questions, and contacted James Arrasmith Law firm. His response was quick, and very helpful.

vera vlasenko

I highly recommend James Arrasmith. He really listens to your needs & truly cares about his clients. He is very professional & provides great results!

Vicky Tisdale

Contact Us Now

(916) 704-3009