If you’ve been injured in a car accident in California, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. However, California law imposes a strict timeline on when you can file a claim. Knowing how long you have to claim compensation can make the difference between receiving the justice you deserve and missing your chance to recover financially. This post explains the legal time limits for filing a claim after a car accident in California, along with the steps you need to take to ensure you act in time.

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

In California, the statute of limitations for filing a personal injury claim after a car accident is two years from the date of the accident. This means you have two years to file a lawsuit against the at-fault party to seek compensation for injuries. If you fail to take action within this timeframe, your case may be dismissed, and you’ll lose your right to recover damages.

For property damage claims (such as seeking reimbursement for vehicle repairs), the statute of limitations is slightly longer—three years from the date of the accident.

Exceptions to the Statute of Limitations

While the two-year rule is standard, there are several exceptions that could extend or shorten the timeframe in which you can file a claim. These exceptions include:

  1. Discovery of Injuries After the Accident
    In some cases, injuries from a car accident may not be immediately apparent. For example, conditions like whiplash or internal injuries may take days or even weeks to manifest. In these cases, the two-year statute of limitations may start from the date of discovery of the injury rather than the date of the accident. However, you must be able to prove that the injury was directly related to the accident.

  2. Minors Involved in the Accident
    If the injured party is a minor, the statute of limitations does not begin until their 18th birthday. This means that if a child was injured in a car accident, they have until they turn 20 to file a personal injury claim.

  3. Claims Against a Government Entity
    If the car accident involved a government vehicle or employee (such as a police car or a city bus), the statute of limitations is much shorter. You must file a claim against the government entity within six months of the accident. Failing to do so could result in the loss of your right to pursue compensation.

Why Acting Quickly is Important

Although the statute of limitations gives you up to two years to file a claim, it’s critical to act as soon as possible after the accident. Delaying action can hurt your case in several ways:

  • Loss of Evidence: Over time, critical evidence like surveillance footage, witness memories, and even accident scene details can disappear. Acting quickly ensures that valuable evidence is preserved.
  • Diminished Credibility: If you wait too long to seek medical treatment or file a claim, the insurance company may argue that your injuries were not serious or weren’t caused by the accident, weakening your case.
  • Financial Stress: Medical bills, lost wages, and other accident-related expenses can quickly add up. Filing a claim sooner rather than later can help alleviate the financial burden caused by the accident.

Steps to Take After a Car Accident to Protect Your Claim

To maximize your chances of receiving compensation, there are several steps you should take immediately following a car accident in California:

  1. Seek Medical Attention
    Even if your injuries seem minor, see a doctor. Some injuries may not be obvious right away but can worsen over time. A medical evaluation not only protects your health but also provides documentation of your injuries.

  2. Document the Accident
    Take photos of the accident scene, your vehicle, and any visible injuries. Gather contact information from witnesses and the other driver(s) involved. This evidence will be crucial when filing your claim.

  3. Report the Accident
    File a police report and notify your insurance company about the accident. Be factual and avoid speculating about who was at fault.

  4. Consult an Attorney
    An experienced personal injury attorney can help guide you through the legal process and ensure that you file your claim within the appropriate timeframe. They can also help you negotiate with insurance companies to secure the compensation you deserve.

How Weiss Attorneys Can Help

At Weiss Attorneys, we understand that navigating the aftermath of a car accident can be overwhelming, especially when dealing with medical bills, lost wages, and the emotional toll of an injury. Our experienced team is here to help you understand your rights and ensure that you file your claim within the statute of limitations. Contact us today for a free consultation and let us help you get the compensation you deserve before time runs out.